• determine real power in political system
• make politicians responsive and responsible to public

• Residence
• Court held that any restriction longer than 30 days was unconstitutional
• Age 

• 26 amendment - no state deprive you for reasons over 18
• Must be registered

• state may take away your vote 
• generally speaking its not done

• Peak is in the early 60's
• less social connectedness
• spouse die - simply don't care about voting
• physical infirmity
• young people are less connected

• Education

• not true mostly undecided will break even

• Money 
• People who give money are?
• Higher incomes
• Higher education
• Time
• like volunteering for civic duty
• Politics
• rich give more
• better off give time
• Charity
• Rich give more
• Religious Activities
• Rich give slightly less money, as a %
• they in total amount give more then people with less money

• votomatic 
• largest used
• superior in prevention in error
• DRE
• aka computer
• Lever
• big huge machines
• very physical reaction
• Paper Ballots
• hand written and printed
• Optical Scan
• most common
• scan-tron - pencil or pen
• "fill in bubble"
• computer can shine light through it - recording vote

• Party ID 

• straight up party versus "lean" questions
• leaners operate as weak partisans

• rare for people to change within a couple years
• more republican is generation x

• Not its a Myth!
• older people now were more Republican
• age and generation naturally makes this shift (phase)

• anyone undecided - might not vote for their favorite candidate
• normally grouped people
• reagan democrats, soccer moms, security moms, NASCAR dads
• security moms: married woman whwant a man tmake hard decisions by keeping safe

Using Undecideds

• test dispels myth that "swing voters vote against the incumbent"
• if undecided when election comes they will vote for them b/c they know them
• data doesn't support argument
• undecided is because they have conflicting pressures - don't push them towards a vote

• constitution defines the distribution of seats in congress
• decided by census every 10 years
• not simple
• people are
• highly mobile
• not easy to find
• might never existed (elmer fud)
• no statistical sampling to conduct census - SCOTUS says no

• drawing lines within states or counties
• usually a state authority

• court said for years that they were not going to get involved in redistricting cases

• justiciable - things can be decided by court
• Court made state redo districting plans

• malapportionment unconstitutional
• one person, one vote 

• if they vary more than one person - most likely going to be thrown out - insanity b/c whole process is wrong

• "pre clearance" clause
• if district (your) has history of discrimination 
• voting rules must be reviewed by Dept. Justice division of Civil Rights

• Interpreted to mean make majority-minority wherever possible
• must have unique and different voting history

• race can not be the "predominate factor" 

• proxy for party
• can't screw black people, can screw political party

• Accepted guidelines"
• compactness - "we don't know" more squarish/roundish - simply ratio of border divided by the area
• contiguious - draw border on district without pen leaving paper
• vary in size - Congressional: no, however, state legislative maybe
• "safe" harbor - smallest is no more than 5% bigger
• Race - already discussed
• Incumbent protection - redistricting tradition
• communities of interest - like people with like people; acceptable justification
• Packing
• concentrate people into one district
• Cracking
• dispersion of people by cracking a city up  - equalizing (fingers of an area) the high proportion of citie peoples
• Gerrymandering
• any set of districts you don't like - pejorative term
• Incumbent Protection
• whenever districts that drawn to protect incumbents
• Kidnapping
• take advantage of incumbents living location and extend from that area to other areas
• Bleaching
• making a district whiter from a minority makeup
• Majority-Minority Districts
• not - majority non-white
• a particular minority group is the majority voting bloc

• maximize the minimum element in a district. 
• a "be safe" strategy

Why didn't the DEMS draw lines in CA to benefit themselves?

• They care about themselves getting elected and the term limits of legislators for when they run for a different seat.
• first: stake in this - winning
• term limits for legislators (they draw)

• party gave jobs away
• they looked at ballot casts
• expected to kick back salary to party from job - how parties got $$

What did the Hatch act do?

• prohibited contributions to parties directly - not kickbacks
• essentially unregulated during this time

• Began b/c Pres. Nixon had sold ambassadorships
• Congress had to file '71
• FEC Amendments in '74 -  created Federal Election Commission 

• struck down "money is speech" - FA gives people right to spend

Soft Money: Unlimited donations to be solicited for party building - use money to air ad's

Hard Money/Soft Money

• SCOTUS: parties able to engage in party building
• Problem:
• unregulated money - outside FCC limits
• don't need to add to Republicans - hard money
• can spend money on ads

Does money buy votes?

• yes, - candidates who have more money

• chances are you will do better - no saying it will make a difference
• no evidence that they will win with money - they just have better name recognition
• still hard to overcome bad votes in public office

• rein in soft money
• increased individual amount (increases for inflation in odd-numbered years)
• independent ads were made illegal w/in 60 days of an election 
• candidates can pay themselves
• lower of whatever your original salary - salary of the senator/janitor

How much do House members get from individuals?

•  1/2 of their money

How much do Senate members get from individuals?

•  1/3 of their money

Who spends the money?

• campaigns
• 527's - independent group
• independent ads were made illegal w/in 60 days of an election
• Corporations and unions can now spend unlimited amounts of money

What is campaign $ spent on?

• Ads
• Consultants
• Office space
• Polls
• Travel
• Food for events
• New: Challengers can pay themselves!

• Manager
• usually staf
• Media Consultants/Media Buyers
• create ad's and media strategy
• Pollsters
• polls/focus groups
• Direct mail consultants
• Fundraisers

• Signature gathers
• time restriction on how long they have to be done.
• Opposition researchers

• Increase "professionalism" of campaign
• hard to tell if it is cause or effect
• increase fundraising
• could be unmeasured candidate characteristic

• unclear -
• mixed results
• some say it says works

• Campaigns and Elections

• Direction
• for/against issue
• Stability
• How unlikely is change in opinion
• some constant - mom, apple pie
• very fluid and change rapidly
• how diagnose stability
• only something you observe, variations may be waiting to happen
• Intensity
• how strongly held the opinion is
• Salience
• How important is issue to a person?
• salience is heavily affected by events and media coverage

• statistics of poll
• bad sample
• misinterpret margin of error
• question wording issues
• bias
• order effects

• Landon beats FDR - literary digest had huge sample
• phone books and car registrations - who owned these things during depression
• Dewey defeats Truman
• based on poll - week b/f election, DailyTribune

• 95% of time, with this type of poll, should be right within 3 points

What are some types of Bad polling Questions?

1. What are leading questions
1. sometimes you'll need to specify
2. people could read into question
2. What are Double-barreled questions
1. it is a false choice
2. could be problem asking multiple options
3. generally have keep questions narrowly tailored
3. non-opinions
1. when a person doesn't have an opinion
2. foreign policy in Berunde?

How does Question Order affect a poll?

• goes back to how question is "framed" - from media, people in context of survey

• example: Asking income then charitable giving

Modern Challenges for Polling

1. Cell-phone only population
1. 27% are cell only
1. latinos, young - less older
2. cannot autodial cell - yes, landline
3. How do you reach them?
1. manual dial
2. have to buy cell list
2. do not call list not valid in only these circumstances
1. academic
2. charity
3. pre-existing business relationship
3. How have Telemarketers impacted polling?
1. Refusal rate is increased b/c of technology of mass autodial
2. affects completion rate
3. could improve over time

Explain the Requirements to get initiatives on the ballot?

1. Recall/Initiatives - signatures
1. higher amount of signatures
2. relative short time

1. political movement - around 1900's
1. pushed against parties
1. de-power them
2. CA was the poster child of progressive movement
1. expanded state legislatures
2. meant to de-power the railroads
2. Reforms:
1. non-partisan elections
2. City manager
3. Primary election system
1. dilute party power position
4. direct democracy
1. creating initiatives...

Explain how Initiatives work?

1. by citizens, for citizens...?
2. - attempt for people to pass legislation on their own
3. does not imply whether statutory or constitution
4. Helped
1. lower turnout in governor elections

Explain what Referenda is?

1. two kinds
1. Protest - legislature does something and you don't like it (5% of gov vote to undo statute)
1. 5% of total people who voted in the last gov election
2. Constitutional amendments, bond issues

Explain what Recall is?

1. end office holders term of office
2. requirements for statewide - 12% of last governors election

Candidates Nominations

1. Districts - drawn are the WHERE they run
2. Who runs?
3. When? primaries are
4. Why? they run

• Incumbents
• Challengers
• Open seat candidates (no incumbents)

1. Party's make strategic decisions about who to back

1. incumbents are gonna win most of the time
1. party of the incumbent, do you get involved? - Normally, no
2. generally protect incumbents 
2. Invisible Party behind the scenes deciding who will run
1. Bush was gonna be the candidate in 1998
2. the other 11 candidates didn't gain support from consultants, pollsters,...
3. Parties figure out where they need to get a high-quality candidate for the general election
1. They then "persuade" others to drop out - Atleast, those they CAN persuade 

1. No party cues!!!
2. Nothing to distinguish candidates besides political skill and campaigning
3. So, YES, campaigns matter
1. But they REALLY matter in primaries

1. Gender Roles
1. certain expectations if a man or female
2. Fit stereotypes of that district
3. Race plays a part

1. Print, Radio Tele and Internet

How to get coverage in Media?

1. Pay for it
2. Do something "newsworthy"
1. includes a nasty ad - even if you never run it
3. stories on discussion board
4. Media coverage of ad's

Explain the types of political ad?

1. Positive
2. Attack
3. Contrast
1. has the attack and the defense
2. argument:if you just throw mud, you'll be seen as just negative. But if you leave them with something good

Explain Attack Ads effectiveness

1. Research not fully clear
2. Either
1. demobilzes independents
2. (gets people to vote) - Raise interest in election and perceived importance of election
1. thus, higher turnout

1. Positive ad's increases vote share
2. negative ad's decreases your opponents vote share and turnout
3. contrast incresases both share and turnout

1. Ads incresae citizen interest and turnout
1. Didn't divide them by content
2. more ad's you show the more they find them interesting and they show up

What are the effects of ad's?

1. don't really know
2. evidence in favor of any argument
1. still open question in Poli Sci

1. Conventional defined: conventional view serves to protect us from painful job of thinking
2. it matters WHO and WHEN we're talking about 
1. Positive ads serve to increase positive name recognition
2. Negative ads increase negative name recognition for opponent
3. Negative ads get more "spin-off" effects
1. free media coverage of negative ad
4. Contrast ads are more effective, by "softening" the blow
1. b/c people don't believe its just negative
5. You have to answer negative ads with positive or contrast ads

Candidates

Explain why incumbents are so safe?

• Four reasons: 
• Voters
• Candidates
• Skill 
• Self-Fulfilling Prophecies

1. democracy is really bad idea
2. low information about Congress
1. unified government & unhappy people
3. Substitutes for information - Heuristics

1. Heuristics information by proxy
1. i.e. - party
2. race/gender of candidate
3. designation

1. Institutional Perks
1. staff
1. they do work
2. ties to candidate to quit and work on campaign
3. give you more connections
2. franking
3. casework
1. ombudsmen - job to interact with government
1. washington post has a woman who does this
4. travel
1. could be abused
2. Alaska traveling

1. 535 student body presidents
2. Quality challengers/invisible challengers
1. Dominguez
1. surveying everyone who existed in primaries to define Quality Challengers/Invisible Challengers
1. lock and feather guy - congress in primary
1. local party leader endorsements, experience in campaign,
2. sends her literature - lock and feather (door hanger)

1. people run b/c it fun/think they have chance but don't
2. invisible b/c they are awful candidates
3. incumbents tend to face invisible challengers

1. name recognition
2. won election before
3. can see them in job

1. incumbents win b/c they win
2. Challengers are Strategic -
1. they don't run against them
3. Campaign Finance
1. business pacts - don't care politics but want your vote

Explain how incumbents lose?

1. Bad votes as elected
2. Scandals/"moral issues"
3. Paranoids and losers
1. high winning rate - weeded out losers
2. all are paranoid about losing

1. Except when it ain't (must know district)
2. Previous margins
3. National tides

National Parties than Mandates 

Who are the National Parties?

1. DNC, RNC
1. 535 elections - easier to discuss parties instead
2. American Democracy can't be talked about with out parties

1. DNC/RNC - focuses on Presidential elections
2. DCCC/NRCC - Congressional
3. DSCC/NRSC - senate

1. Composed of incumbents
1. under pressure to fund other incumbents
2. Organizational jobs

Explain who represents the National Committees?

1. Presidents pick their own guy (leader)
2. leaders are not found in the formal organizations (minor and informal network of people)

Explain role of parties in elections?

1. Define whether its a good/bad year to be of certain party

Jacobson's covers what in chapter 6?

1. political tide really determines candidate field
1. all politics are still local - tipper gore
2. national perception leads to new candidates coming out
3. candidates are rational calculating machines
4. Local factors
1. termed out of current seat
2. rumors about candidates

Mandates

What is a mandate? 

• Authority to implement policy or a set of policies

Explain what is required for a mandates?

1. Distinct party positions
1. Dems/Reps would have to offer different set of proposals
2. 40s and 50s democrats had different positions
2. Party positions held by all (or nearly all) party candidates
1. Dems not so consistent
2. Reps are more consistent
3. Electorate AWARE of these positions
1. only 17% were aware of Contract with America proposal for 94'
4. Electorate voting BECAUSE of positions
5. Decisive election results

1. 2010 may/may not show
2. what does it mean?
3. 68 seats decisive? or balance of power? 2/3 of the seats is pretty impressive
4. not since 1932 have they had a majority

Explain what is needed for a mandate?

1. party's would need distinct position
2. electorate
1. aware
2. because
3. decisive results

Explain values voters?

• vote relates to Family Values
• 2004 exit polls say Most Important Issue - Moral Values (B80%-K18%)
• Is it clear what that question means?
• not clear, they thought bush or kerry is "good guy"
• can't use exit polling
• doesn't explain why voters voted a certain way
• *Sunshine Hillygus and Todd Shields. 2005. “Moral Issues and Voter Decision Making in the 2004 Presidential Election.”
• people vote the way they do because they are rep/dem (party id)
• problem with asking people why they vote because they do

Topics/Text Chapters:

Chapter 7 – Free Press/Fair Trial

Chapter 8 – Newsgathering’s Privilege

Chapter 9 – Freedom of Information

Chapter 5 – Right of Privacy

Chapter 6 - Copyright

Chapter 13 – Advertising and the Law

Chapter 14 –Freedom of the Student Press

Major Topics and Cases/Statutes

1. Free Press/Fair Trial
1. Shepard v. Maxwell (1966)
1. Facts:
1. Dr. Sam Sheppard
2. trial of the century
3. subject of tv/movie the Fugitive
4. wife was killed while he was asleep downstairs, he went after she screamed and was beat by the killer
5. local media demanded trial and conviction - he was convicted 
2. SCOTUS reviewed case under free press-fair trial problem
1. reversed his conviction and acquitted 
3. Led to Gag Orders
2. Nebraska Press v. Stuart (1976)
1. elminated gag orders that directly restrained the press
2. eliminated judges power to gag the press drectly
1. led to pre-trial hearings
2. rarely applied
3. SCOTUS ordered a violation of the FA in that it imposed a prior restraint on publication
4. Nebraska Test
1. Gov't has burden of proof to demonstrate
1. nature and extent of pretrial publicity would impair defendant's right to fair trial
2. no alternative measure work
1. "Sheppard laundry list"
3. prior restraint would effectively prevent the harm
3. Richmond Newspapers v. Virginia (1980)
1. county judge cleared out courtroom before trial of hotel manager who accused of murder
2. limits judges discretion in barring the press and public from a trial, while permitting trial closures in extreme circumstances if the judge can set forth valid reaons for his action

1. Journalist’s Privilege
1. Branzburg v. Hayes (1972)
1. involved 4 supoenas with three journalists (one journalists subpoenaed twice for two different stories)
2. Facts:
1. Paul Branzburg - said weed was sold,
1. lost case - thought he had right not to say anything about who/where weed was sold
2. Paul Papes
1. rally in Mass. tip said local police will raid, film raid but can't say anything about earlier/later
2. police subpoena film tape
3. loses case
3. Earl Cauldwell - black and cover black panthers
1. national journalist expert
2. subpoena to testify about information against black panthers
3. won case in state
4. 9th circuit - 1A right to avoid testifying about sources
4. 5-4 case - no, right of journalists to avoid valid subpoenas
2. Cohen v. Cowles Media (1991) 
1. SCOTUS ruled FA does NOT protect media from being sued by a news source if a promise of confidentiality is broken, regardless of the newsworthiness and relevance of the name to an important story
2. journalists can be sued for breaking promises
3. Cohen's name used in papers when he gave damaging stuff about another candidate
4. SCOTUS - FA protects media's right to publish truthful information, only if obtained lawfully

1. Privacy
1. Cox v. Cohn (1975)
1. 1975, SCOTUS overturned Georgia privacy judgement against a broadcaster who published rape victim's name
1. 1A and 14A do not permit either criminal or civil lawsuits for publication of truthful information lawully obtained from court records
2. States can keep names secret, if they wish
2. TV reporter obtained victim's name from court record
3. station faced civil invasion of privacy suit for broadcasting it
2. Zacchini v. Scripps-Howard Broadcasting (1977)
1. Hugo Zarcchini, human cannonball, in the circus
2. entire act was broadcast on TV news, SCOTUS
1. FA did not protect broadcaster who took a performers entire act and showed it without consent 
2. fine line between news coverage of celebrity's activities and commercial exploitations of person's name and likeliness
3. Bartnicki v. Vopper (2001)
1. Media have FA right to broadcast private cellphone conversation recorded by unknown third party if it concerns newsworthy subject
2. conversation between two teacher's union officials
3. anti-tax crusader ended up with the tape
4. tape was made illegally 
5. SOCTUS
1. relied on Pentagon Papers case, allowed publication even though they were obtained illegally 
4. Food Lion v. ABC (4th Cir. 1999)
1. Food v. ABC - employees didn't have a reasonable space that would be considered to be intrusion (private place) - why Food Lion didn't sue for intrusion

1. Copyright
1. Federal Statute: Copyright Act of 1976
1. include computer software under the category of "literary works" (Title 17, Sect. 102) and permit certain modifications of computer software (Title 17, Sect. 117). 
2. October 1998 Congress passed the Bono Copyright Extension Term Act to extend the term of protection for copyrighted works.
1. Single authorship: Starting with the moment of creation, lasts for author's life plus 70 years.
2. Joint authorship: Last surviving author's life plus 70 years.
3. Works for hire and anonymous and pseudonymous works: 95 years from publication or 120 years from creation, whichever is shorter.
3. Materials in the public domain (not eligible for copyright):
1. Works published before 1923
2. Federal government publications
3. Facts
2. Harper & Row v. Nation (1977)
1. Court said unauthorized use of aout 300 words of verbatim quotations from Ford's memoirs before they were published elsewhere constituted piracy, not a fair use
3. Sony v. Universal Studios (1984)
1. home videotaping is not necessarily a copyright infringement 
2. "time shifting" - consumers taping TV shows for later viewing
1. fair use of coprighted programming
4. MGM v. Grokster (2005)
1. companies that urge consumers to share copyright files can be sued
2. unlike Sony v. Universal b/c technology is easy/widespread and companies facilitate the process

1. Advertising and the Law
1. Central Hudson Gas & Electric Corp. v. Public Service Commission (1990)
1. NY regulation prohibited advertising that promoted use of electricity during fuel shortage
2. Inserts in power bills touted nuclear energy; nuclear opposition group wanted space to rebut claims and were denied space
3. Regulation overturned

1. Freedom of the Student Press
1. Tinker v. Des Moines (1969)
1. school could not punish FA rights : speech was not disruptive, censoring political message
2. Students suspended for wearing black armbands protesting Vietnam War
1. Protected as symbolic political, non-disruptive speech
3. “Clearly, the prohibition of expression of one particular opinion, at least without evidence that it is necessary to avoid material and substantial interference with schoolwork or discipline, is not constitutionally permissible.”
2. Hazelwood v. Kuhlmeier (1988)
1. official student newspapers at high schools are not ordinarily protected by the FA from school administrators
2. may not be true at college
3. ruling does not invalidate local and state laws
3. Morse v. Frederick (2009)
1. student suspended for 10 days for poster at event outside school
2. Court said no F.A. protection for drug-related speech at school event

1. Clash of constitutional rights
1. Clash b/t 1a and 5A/6A
2. There is no 1A right to gather information
2. Explain the three ways judges try to control journalists
1. gag orders
1. injunction that press can't report something
2. injunction again lawyers and actors, can't talk to press about case
2. close courtroom
3. forbid cameras in courtroom
1. examples:
1. can take notes but no video
2. judge allowed reporter to cover trial with Twitter

1. Legal Terms:
1. Prejudicial publicity
1. news coverage of trial that so saturates community that gathering an impartial jury becomes impossible
2. judges are worried about this
2. Prior Restraint
1. when judge wants to prevent publishing
3. Gag Order
1. form of prior restraint
2. order that prevents prejudicial info from publication
1. enforced with contempt citations
4. Change of Venue
1. request to move trial from one area to another
5. Continuance
1. request to delay trial's start to let pretrial publicity die down
6. Voir Dire
1. jury selection
2. can occur in an hour or two - complicated cases can be days long
7. Sequestration
1. isolation and separation of jury in controversial case
8. Preliminiary Hearing
1. prosecutor proves that there is a reasonable amount of evidence to prove offense has been committed that there is probable cause to believe person accused committed it
1. Accused may
1. cross-examine witnesses
2. present evidence
9. Arraignment
1. charges are read
2. suspect pleads guilty or not guilty
10. Bar-Press Guidelines
1. voluntary guidelines developed by journalists, lawyers and judges
2. now gone

1. What is the main idea of Sheppard v. Maxwell (1966)?
1. judge allowed media to run the court room
2. SCOTUS - overturned conviction b/c of media coverage

1. What are the Steps (laundry list) that judges need to do to control media, as defined in Sheppard v. Maxwell (1966)
1. must do all these before closing trial or gaging media
1. how many/operate in courtroom  - judges can tightly control
2. admonish jury and reporters
3. insulate witness
1. if you are gonna be witness, can't be in audience
4. gag orders to participants
5. change venue
6. continuance
7. better voir dire
8. sequester jury
9. order new trial

1. Explain the main idea about Nebraska Press Ass'n v. Stuart (1976)?
1. journalists could not expose material that is strongly implicative of the defendant
2. SCOTUS - case was true prior restraint, they created NPA test
1. struck down 9-0
2. The crime immediately attracted widespread news coverage, by local, regional, and national newspapers, radio and television stations.
3. Gag order upheld by NE Supreme Court
2. When can gov't gain approval of gag order against media - the Nebraska Press Association (NPA) test
1. Gov't has burden of proof to demonstrate
1. nature and extent of pretrial publicity would impair defendant's right to fair trial
2. no alternative measure work
1. "Sheppard laundry list"
3. prior restraint would effectively prevent the harm

1. Explain Gagging trial participants
1. easier for judge to gag trial participants
2. attorney that violated order could be punished

1. Explain how the 1A guarantees Access to the media in courts
1. Richmond Newspapers v. Virginia (1980)
1. SCOTUS agreed  - publics right to attend trials is implicit in 1A
2. checking value of press in attending trials has been apart of government since colonial
2. What is the main idea of the Press-Enterprise cases.
1. extended Richmond newspaper precedent
2. 1A right of access to voir dir and preliminary hearings
3. if closure is allowed, must limited and narrow as possible
3. What is the Press-Enterprise precedent?
1. Judge has burden of proof to establish compelling or overriding need for closed courtroom
2. must be limited and narrow as possible

1. What is the main idea about Cameras in trial courtroom?
1. Estes v. Texas 1965 - SCOTUS were dismissive of camera use
1. inherently prejudicial, obtrusive
2. 1981 Chandler v. Florida
1. camera were no longer on face bad, could have benefit for understanding judicial system
3. up to judge
2. NOTE: State courts okay but no not in federal courts
3. What is the policy for Cameras being allowed in SCOTUS?
1. NO!!!
2. they don't trust journalist/public - appeal courts judge argument for no cameras

Journalist’s Privilege

1. Explain the Journalists view of privilege?
1. requires confidential sources
1. people many not want to talk to journalists
2. could deter people from talking
1. if journalists are forced to reveal sources - 

1. Explain the Benefits of privilege
1. exposure of corruption, misconduct, incompetence; context and background
1. Judy Miller - former NYT reporter
1. can't guarantee confidentiality = not free press b/c journalists can't function
2. Josh Wolf
1. set all-time record for jail time by a US journalist who reused to reveal confidential info
2. covered street demonstration in SF when police officier injured him
3. refused to hand over video to authorities or testify in federal grand jury
4. 226 days in jail

1. Explain the Branzburg v. Hayes (1972) case and what SCOTUS said? 
1. Majority Opinion
1. disagree with chilling effect of sources having to be reveal if jouranlists are subpoenas
2. importance of grand jury 
3. Qualified privilege arguments undermine principle
4. definitional problem - newsman?
1. at some point must define categories of who qualifiy privilege
2. Explain Powell's concurrence in Brazburg v. Hays
1. Note: most important piece in decision - weird b/c overtime concurrence and dissent have really in many courts been the guiding part of the decision
2. concurrence but agrees more with dissent
3. undercut majority opinion
4. journalists have 1A interests and courts must weigh them case-by-case basis 
3. Explain Stewarts dissent dissent in Barzburg v. Hays
1. takes middle path, rejects majority and absolutists approaches
2. newsman require informants for news
3. confidentiality essential to news making
4. subpoena power will deter - chilling
4. Explain Justice Stewarts Qualified privilege three part test from Bradbury v hays
1. govt must prove newsman has information that is clearly relevant that is a violation of the law
2. govt demonstrate didn't go to journalist first but they did alternative (exhaustion prong)
3. govt demonstrate compelling and overriding interests - can't be curiosity

1. Explain the Federal Protections of journalists privileges ?
1. Congress does not pass shield bill - 1972-75
2. lower courts started with Branzburg dissent from Stewart
3. 2003 - judges Branzburg is what majority said
1. common law protections
4. 2009: Shield Law - not likely in 111 congress

1. Explain CA Sheild Laws
1. Constitutional Provision
2. Provides legal protections to journalists seeking to keep confidentiality of unnamed source or unpublished info obtained during newsgathering
3. Protects publisher, editor, reporter, or other person connected with or employed upon a newspaper, magazine, or other periodical publication, or by a press association or wire service and a radio or television news reporter or other person connected with or employed by a radio or television station
1. likely applies to stringers, freelancers, and perhaps authors

1. Explain the Comprehensive Functional Analysis"?
1. used to define if non-traditional journalists are allowed the privilege
2. Purpose
1. public dissemination intent at beginning of news gathering
2. related to checking value and public-information theories
3. Process
1. seeking "journalist truth"
2. gather, sit, analyze, verify prepare and present
4. Product
1. newsworthy, public interest, public issues
2. not entertainment, advertisement, fiction
3. ability to judge credibility

1. Zurcher case: 
1. No First Amendment protection for newsroom searches; 
2. Congress provided protections after decision
3. student newspaper covered incident that involved police and released photos
4. police searched newspaper office
5. several states rejected this ruling and passed laws that protected newsroom searches

Freedom of Information

1. Know the purpose, process and basic concepts behind the exemptions of the following laws:
1. Federal Freedom of Information Act

1. Explain the Freedom of Information Act
1. unless specified public records PRESUMED to be OPEN to public
1. 2007; 21. 4 million FIOA requests made
2. Nine major exemptions to prevent disclosure of sensitive/personal info

1. Explain the Nine exemptions to FOIA:
1. National security:
1. difficult to dispute release of info might cause harm to national security or foreign policy of U.S.
2. All agency must show is appropriate classification
2. Internal rules and practices:
1. material that might divulge agency's investigatory/prosecutorial practices can be withheld
3. Statutory exemptions:
1. fed. statutes exempt classes of info
2. courts balance statutes to determine if info should be divulged
3. Example: provision of the Tax Code prohibiting the public disclosure of tax returns and tax law designating identifiable census data as confidential
4. Trade secrets:
1. info supplied by private firms for regulatory reasons that includes such info exempt from disclosure
1. includes customer lists, market share information, profit/loss statements
5. Executive privilege:
1. inter- or intra- agency memos
2. letters pre- decisional documents not available;
3. post-decisional documents are Memos, reports that go into final report probably not disclosable
6. Personal privacy:
1. personnel and medical files, disclosure of which would constitute invasion of privacy (medical exams, job evals)
7. Law enforcement investigations: protected, but only to extent that releasing might:
1. interfere with law enforcement
2. deprive person of fair trial
3. be invasion of personal privacy
4. disclose identity of confidential source or of material in a case
5. disclose guidelines for law enforcement or prosecutions
6. endanger life/physical safety of any individual
1. More info is withheld under Exemption 7 than any other exemption!
8. Banks:
1. protects fed. agency reports about conditions of banks and financial institutions under federal regs
9. Oil wells:
1. protects against speculation based on info on maps and other geographical information that must be filed with govt.

1. What are Reverse FOIA suits?
1. attempts by companies to get info withheld

1. Explain the FOIA Problems?
1. Length waits for info
1. agencies are supposed to respond in 20 days, 
2. High costs

1. Explain the Ralph M. Brown Act?
1. applies to all local government agencies and their boards and commissions
2. Requires public agendas and regular and public meetings
3. Four major exceptions where closed meetings are OK:
1. real estate negotiations, personnel issues, litigation, labor negotiations
4. Records documenting closed sessions (like votes or final actions) are supposed to be public!
5. Misdemeanor for public official to participate in closed meeting where action is taken OR he/she has reason to know should be open

1. Explain the Bagley-Keene Open Meeting Act:
1. applies to all state government agencies and their boards and commissions, as well as CSU and UC regents
1. Requires advance notice, agendas as part of public record, closed meeting justification, public meetings except for 24 exceptions (similar to Brown Act)
2. Misdemeanor for public official to participate in closed meeting he/she has reason to know should be open

1. Explain the CA Public Records Laws?
1. applies to records maintained by state and local government agencies at all levels; records to be available for public inspection, copies made at cost (some exceptions)
1. Covers any writing containing information relating to the conduct of the public's business prepared, owned, used or retained by any state or local agency regardless of the physical form or characteristic (paper, electronic, etc.)
2. Information Practices Act of 1977: similar to Privacy Act of 1974

Privacy 

1. Explain Privacy law
1. "privacy" not in constitution
2. "derived right"
3. State statutory rules or common law
1. function of state statutory
2. State action by legis
3. 1a to name rape victims from public
4. Privacy is tort (civil suit)

1. constitutional right to privacy has developed in trespass “right to be let alone”, eavesdropping, survelliance, abortion, sex

1. Explain the Four Privacy Torts
1. Intrusion
1. trespass into solitude
2. Private Facts
1. publication of embarrassing private facts, particularly if true
3. False Light
1. portraying someone in false fictionalized or distorted way
4. Appropriation/Misappropriation/Right of Publicity
1. unauthorized use of image or personal attributes

1. Explain Intrusion
1. Right against unconsented entries into private spaces
1. common law
1. offensive, physical, electornic or mechanical invasion of another's solidtude or seclusion
2. No need to prove publication; act of intrusion is the tort

1. Explain the Defenses for Intrusion:
1. Plain view:
1. anything seen in public can be reported
2. Consent
1. inviting reporter is consent
3. Newsworthiness
1. not strong defense
2. strongest when public property; weakest on private property
3. barnicki - right

1. Explain Publication of Private Facts or Public Disclosure
1. most common intrusion
2. illegally exposing information that highly offensive to a reasonable person" and not of legitimate public concern
3. private facts
1. highly offensive to a reasonable person
2. not legitimate public concern

1. Public Disclosure SCOTUS Cases
1. Cox Broadcasting v. Cohn
1. Names public documents not subject to invasion

1. Explain what plaintiffs must show to win Public Disclosure cases
1. facts are private
1. if person is active in "community" that could make facts of public concern
2. highly offensive

1. Explain the Defenses to private facts
1. newsworthiness
1. main defense
1. truth is not a defense - if its false ( can't win disclosure of facts [sue for libel])
2. qualified privilege
1. if reported from public records generally "in the public"
3. Consent:
1. written best
2. can be revoked if done reasonably

1. Explain False Light
1. Being portrayed in erroneous and offensive manner
1. damaging to reputation, only highly offensive to reasonable person
2. False portrayal of person's characteristics, conduct or beliefs that casts a person in a false light

1. Explain the two kinds of false light
1. Distortion
1. omitting or using facts out of context so that reasonable person might think ill of distorted person
2. Fictionalization
1. intended to and did lead people to believe fiction true

1. Defenses to false light
1. truth
1. best defense
2. show basic claims made by story are accurate
2. consent
3. newsworthiness
1. must be done with constitutional defense, not alone
4. opinion and fair comment
1. person must understand it to be obvious parody or opinion

1. Explain Appropriation:
1. Can't use someone ele's identity to make money off of them 
2. most legally concerte of the four torts

1. Explain the Zacchini v. Scripps-Howard Broadcasting Co. case (1977)
1. little person was part of circus act
2. evening news shows act without objection
3. tv station misappropriated his act and lost him money
4. SCOTUS agreed: against TV station
5. unique: weird set of facts - 1977, tv station could air it and make money off of it

1. What are the defenses for appropriation?
1. Consent
1. strongest when in writing
2. Newsworthiness
1. rarely works for media defendant
3. Fair use/fair comment
1. weak
2. protects derivative uses of celebrity identities

Copyright

1. Securing copyright (fix something tangible form, register to sue or defend) 
2. Copyright: federal only, you own the rights to benefit from your work, subject to fair use, registration NOT required but recommended
3. Key concepts:
1. duration, exclusive right
1. life + 70 years or 90 works-for-hire
2. derivative work
1. work based on another work but independent of that work
3. public domain
1. When copyright expires
2. works never copyrighted or lapsed
3. usually applies to works published before 1923
4. fact/expression dichotomy
1. actual words from fact can be copyrighted but not facts.
5. works for hire
1. Generally you own your work
2. But if you contract with someone to produce work, it might be theirs
3. Copyright for works-for-hire generally lasts for 95 years from publication date
6. Independent contractors 
1. owners of their own work
2. work is not owned by party who contracted/ commissioned work

• Test to determine who owns copyright for works-for-hire (all must be taken into consideration):
• how much skill involved
• who provides tools and supplies
• where the work is done
• how long relationship existed
• whether person doing work can be forced to do other work for same party
• amount of control hiring party has over when and how long to work
• how payment is made
• whether hired person pays assistants
• whether work is regular business of hiring party
• whether hiring party is in business
• who pays for benefits and taxes of hired person

1. 3 part Infringement test
1. plaintiff valid copyright
2. defendant access to copyright of work?
3. defendants work is substantially similar to plaintiffs

1. defenses to infringement
1. innocent  infringement
2. consent
3. public property
4. statute of limitations
5. public domain
6. independent creation
7. fair use -- is biggest, common and there is four part test

1. 4 elements of fair use analysis (what are the elements, and generally how are they applied/defined?) 
1. Nature and purpose of use
1. Appropriate uses: criticism, news reporting, comment, teaching, research
2. Nature of work
1. How long work is, how much effort into creation, how readily available, published?
3. Amount and substantiality of use
1. How far to heart of material did use go, how much used of whole
4. Effect of use
1. Commercial vs. non-commercial uses, diminishment of benefits from future use
5. Considered together

• Parody vs. satire:
• parody (poking fun at material using same material) gets more protection than satire (poking fun using material not related to target)

1. copyright infringement on the Internet: 
1. DMCA
1. circumvention of copyright protection systems
2. fair use in a digital environment
3. online service provider (OSP) liability for infringing content (details on safe harbors, damages, and notice and takedown )
2. file-sharing
1. Supreme Court has protected technologies that have legal uses as well as potentially illegal ones

1. compare/constrast Sony Betamax case and MGM v. Grokster
2. Sony Corp. v. Universal City Studios (1984): a.k.a. Sony Betamax case
1. Court said that a company should not be held liable if it creates a technology that can be used (and is used) by some consumers for purposes that infringe copyright as long as it has substantial non-infringing uses
2. We should be able to benefit from the legal uses of a technology even if others use that same technology to do illegal infringing things
3. Time-shifting is a legal use but VCRs could be used for illegal things as well
3. MGM Studios v. Grokster (2005): 
1. 28 entertainment companies held StreamCast (Grokster, Morpheus, KaZaA) liable for providing the means for users to infringe copyright
2. 9CA found for Grokster based on Betamax, but Supreme Court overturned: One who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement
3. Sony did not intend for Betamax to be used for infringement; Grokster/StreamCast did and marketed capability to its users
4. Nov. 2005: Grokster settled with recording industry; halted distribution of the software and cut off support for its network $50 million settlement

1. Trademarks: what are they, why important
1. Designate origins of goods or services
2. Protects consumer against confusion, promotes confidence in the market
3. Owner has exclusive rights
4. First in time, first in rights
5. Can be geographically limited
6. What can t be registered: geographic names, descriptive terms (e.g., first-rate )
7. Best names: made-up words (e.g., Kodak, Citgo, Exxon)
8. Registered marks get to use the ® symbol, while non-registered marks must use
9. Once registered, valid for 10 years but must be reaffirmed after first five years and renewed every 10 years thereafter
10. Must be shown to be used in commerce, else presumed to be abandoned (if no use in two years)
2. Two tests
1. Mark must be visually and textually unique
2. have secondary meaning connected with company (conjure up images of company and its product or service)
3. Trademarks can be renewed indefinitely (every 10 years), but they can lose distinctiveness and become generic

Advertising and the Law:

1. Know the general transformation of commercial speech protection: 
1. none at first (Valentine case), but then expanded (starting with Virginia State Board of Pharmacy)
1. Court upheld and said 1A does not apply to purely commercial advertising
2. Conviction overturned: ad contained factual info that was for legal activity, newsworthy and of clear public interest thus protected speech

1. Central Hudson 4-part test – know it’s four prongs and be able to apply them
1. Ad must concern lawful activity and not be misleading
2. State must prove substantial state interest to be served by regulation
3. Regulation must advance interest
4. Regulation must be no more extensive than necessary to advance interest
5. Note: Fit between regulation and interest: a means narrowly tailored to achieve the desired objective 

1. 44 Liquormart case – applying Central Hudson test to alcohol ads
1. Court struck down RI laws banning alcohol price ads except at point of sale and publication/broadcast of alcohol prices parts 3 and 4 failed
2. Some justices state their discomfort with CH

1. note lawyer advertising cases (Bates v. Arizona State Bar)
1. Legal clinic advertised prices, far below going rate; fined by AZ state bar
2. Court ruled against bar: 1A right of consumers to receive commercial info, but ads cannot be misleading
3. Ad bans overturned

1. FTC description, role, enforcement actions
1. federal regulatory body
1. ban unfair or deceptive acts or practices in commerce
1. Will find practice deceptive if misrepresentation, omission, or other practice misleads consumers, acting reasonably, to their detriment
2. Enforcement
1. Consent decree: most cases resolved this way; FTC investigates and tells company that formal proceedings will ensue unless company signs decree (most do it s legally enforceable)
1. No admission of guilt by company; just stop ads
2. Cease and desist order: legally enforceable order issued once FTC investigations reveal unfair or deceptive practices 
3. Assurance of voluntary compliance: painless way of resolving company promises to stop questionable practices in return for FTC dropping investigation (when no harm done)

1. Deceptive ads – how are they defined?
1. Identify each affirmative claim or material omission and ask advertiser for documentation
2. Determine whether the claim could mislead a typical consumer acting reasonably
3. Determine whether the claim is material (i.e., is it likely to affect purchasing decisions?)
4. FTC looks at net impression of ad

• Explain the Unfairness Doctrine
• FTC now looks beyond simply fraudulent or false advertising to fairness
• Ads are unfair if:
• causes or likely to cause substantial consumer injury
• which is not reasonably avoided by consumers themselves
• is not outweighed by countervailing benefits

• Explain Self-Regulation in Advertising
• FTC (executive branch police advert, false and misleading, factual claims need substantiation, self-regulation is good 100% of police work
• Major benefits: 
• faster resolution of complaints, alternative dispute resolution often cheaper than lawsuits, no legal penalties
• National Advertising Review Council set up in 1971: created Nat l Advertising Division (NAD), Children's Advertising Review Unit (CARU) and Nat l Advertising Review Board (NARB)
• Companies need not participate, but they often do to avoid 

Student Speech Rights

1. Compare and contrast Tinker and Hazelwood
1. tinker; FA rights beyond gates of schools
2. hazel wood : not automatic FA rights 

1. 3 types of student speech cases
1. Vulgar, lewd, obscene and plainly offensive speech
2. School-sponsored or curricular speech
3. Non-curricular student speech

1. Hosty v. Carter – prior restraint of college newspapers
1. Dean of students halts printing of The Innovator, at Governors State University, and requires prior approval for future issues
2. 7th Circuit court applies Hazelwood to college newspapers
3. Gave some wiggle room for college papers deemed to be “designated public forums”

1. CA Education Code – 3 sections
1. General provision: CA students have “right to exercise freedom of speech and of the press”; Censorship possible (Lopez case)
2. College specific: greater protection, prohibits discipline solely because of speech
3. CA passed law to expand protections after Hosty

1. Pico case (book banning after complaint not OK, but OK during selection)
1. School board orders books removed from library: “anti-American, anti-Christian, anti-Semitic, and just plan filthy”
2. Schools can’t restrict books in library based on their ideas/content once purchased 

1.

speech that tries to persuade people to buy something -- persuasive speech

Main point: commercial speech is not protected as much, many ways govt. can't ban advertising or commercial speech.

2. Important case: Valentine v. Chrestensen

Court: intent to sell product -- advertising and not political speech

Pittsburg - Court can regulate -- purely commercial advertising up till the late 60's this was precedent

3. Bigelow

Court said: ad was factual, legal activity, newsworthy, and clear public interest

Vigina

Generally: not deceptive and are legal products -- Govt. can't ban

4. Central Hudson

four part test if commercial speech is protected

5. Central Hudson's four-part test; what does govt. have to do to punish commercial speech

only in cases which - content ad is for lawful and misleading

if ad is unlawful and misleading -- govt. can punish without punishment

6.

NOTE: central hudson test, no commercial speech protection (prior 70s and 60s) and than govt. began to constrain govt ability to persecute advertisers

7.

8. laws said that beers could not advertising say their beer is "stronger"; failed 3 and 4 parts of hudson, 44 liquor failed 3 & 4 parts of hudson

9. cigerrte ads are federally permitted

NOTE: vice advertising: alcohol, gambling and cigerrates

10. ban where there is illegal gambling, in states where it is legal there is no way to ban it

11. CH cases

more difficult to suppress commercial speech

Thomas -- protect commercial speech like political speech

no exemption for "vice" advertising

12. FTC

13. cease and desist - is binding in the law

assurance -- least detrimental way to get FTC off backs

under law -- FTC power to levy fines (most companies don't want to be under looking glass of FTC)

14. Deceptive ad

15. objective advertising (factual-must be proven with evidence) or if they engage in puffery (hyperbole)

16.

17.

18. website ad's where you can't get out an ad with keyboard functions "traps" -- SCOTUS unfair

19.  and, caru (childrens ad is harmful and deceptive), NARB -- companies are voluntary involvement

20. how does it work, self-regulation

compliance is nearly 100%

21.

22. not govt but self-regulatory action

Sumamrieze: FTC (executive branch police advert, false and misleading, factual claims need substantiation, self-regulation is good 100% of police work

23.

Student Speech Rights

SCOTUS - has expanded rights generally of peoples rights, student speech rights are one of he areas SCOTUS has restricted rights over time

1.

tinker; FA rights beyond gates of schools

hazel wood : not automatic FA rights

morse: no rights in free speech

2. 3 general types of speech claims

3. Tinker

school could not punish FA rights : speech was not disruptive, censoring political message

4. bethel

if teacher believe that speech could undermine schools mission, they could censor speech

5. hazel wood

stories @ teen pregnancy and divorce

FA rights are limited in student newspapers

6.

7. no protection for drug-related speech @ school events - for encouraging drug use, even not on school grounds as long as its school sponsored

8. Hosty

private univserities does not apply -- only on govt.

designate paper as public forum - university has less power to regulate content

only 7th circuit

9. CA law

high school students cannot be punished outside schools - CA gives more FA rights that the SCOTUS has limited or restricted

NOTE: Federal/State Legislators -- cannot limit rights that SCOTUS has interpreted but they can expand rights

newspaper adviors have supported students to exercise FA rights - CA protects them against punishment

College newspapers cannot be censored

10. Book Banning

can't ban b/c parents complain

once book is purchased they can't restrict

12.

Final Exam

Review mid-term study guide: MID-TERM Study Guide

What are the 7 kinds of "piracy"?

1. Substitution
1. economic term
2. now that they have it they will never buy it
3. substitutes for something they will never pay for
2. Downloading music otherwise never would have bought
3. Sharing -  music already purchased
4. Sharing - music out of circulation 
5. Sampling - before purchase
6. non-copyrighted content or give-aways (Public Domain)
7. Music to remix or mash-up songs 

Explain what Barlow in the Declaration of Independence of Cyberspace was talking about?

1. ....declare....seek to impose on us
2. ...no moral right....we have true reason to fear.
3. create world....w/o privilege...

Barlow said the basic culture of the Internet and the fight against governments that want to control it.

Explain the major points of the Declaration of Independence of Cyberspace

1. Interest in Creating a civilization of the mind in cyberspace
2. Hippie culture is infused within the Internet

Steve Weber, "The Success of Open Source" talks about Property in this way

1. Technological change uncovers hidden assumptions in society
2. Foundations of property, ownership....deeply embedded in our institutions and intuitions
3. What is....Natural rights vs. social convention?
1. music as property is completely new concept 

1. "configure around the right to distribute, not the right to exclude."

Explain what Free Software means to Richard Stallman

1. believes software should be free (as in Free stuff)

One way to explore society's relationship with technology

• Narratives space (our window)

Describe a Narrative we used to discuss hackers?

• WarGames (movie)
• extremely influential for hacking culture 

How does Media/Social Construct Hackers? 

1. hacker as criminal

Explain the Old-School Hacker "ethic"

1. Universal access to computers
2. information should be free
3. Mistrust authority - promote decentralization
4. Hackers judged on merit not social status
5. You can create art and beauty on computers
6. better living through computers

Who are the Old School Hackers

1. From 1960s-70s
2. Old Guard - Guardians of Technology
1. Technology may never by used to harm humans."
2. Isaac Asimov - Sci Fiction Writer
3. Liberation of information - "to a hacker a closed door is an insult"
4. Thomas argues - genealogy of secrecy created Old School Hackers

Explain the Genealogogy of secrecy 

1. Hacker as cultural response to evolution of secrecy
2. German Enigma - first encoding machine
3. From WWII on - primary function of the computer = code-making and code breaking
4. Alan Turing - the first computer "hackers"

Explain who John Draper is?

1. old school hacker, went to Harvard and went to Silicon Valley
1. big thing was to hack into telephone systems
2. used Capn Crunch whistle toy to make long distance calls (2600 frequency)

Explain who Steve Wozniack is?

1. created blue box to make phone calls
2. went on to make Apple Computers with Steve Jobs

Explain how it went from Old School Hackers (interested in liberating information) to Cyberpunk?

1. rate of technological growth has outstripped society's capacity

Explain who Philip K. Dick is

• wrote blade runner, minority report, do androids dream while sleep 
• created Cyberpunk term

Surveillance Definition

• to Watch Over

Explain the definitions of Surveillance

1. watch over
2. focused, systematic and routine attention to personal details for purposes of influence, management, protection, or direction
1. getting personal data and doing something with it
2. Defined by David Lyon #1 authority on topic

Surveillance is about... these social themes

1. power
2. control
3. freedom
4. safety
5. truth
6. identity

Explain a person's Coordinates is in relation to Surveillance?

• Identifying, verifying
• locations in space and time

Examples of who conducts surveillance?

1. State - Governments
2. police
3. private companies
4. marketers
5. schools
6. private police
7. parents
8. friends
9. neighbors

Explain David Lyons theory of Urban cities as centers of Surveillance?

1. Surveillance as a way to organize large populations
2. Way to manage traffic and flows of people
1. Classify groups and neighborhoods

1. classifying certain areas
2. clustering people together

Explain Cyberspace and its relationship with surveillance?

1. Lessig: cyberspace regulated by code to make cyberspace a more controlled (surveillance) place
2. Lyon: says surveillance is a new terrain of struggle and easy to institute control in cyberspace
1. cyberspace as terrains of struggle
2. cyberspace as new space for policing and control (not freedom)

What is cybernetics

• Science of control (studying cyberspace is understanding control)

1. Places where we play
2. Mall Surveillance
1. keep mall functioning at maximum capacity
2. sort out all non-consumers
3. Disney surveillance
1. photo locations
2. lines
4. Casinos
1. policing playing by "rules"
5. Face Recognition
1. example is Minority Report
6. State Surveillance in fiction
1. example movie - enemy of the state

7. RFID:

1. In modern day passports

What is Convergence?

1. flow of content across multi-media platforms, cooperation between multiple media industries, and the migratory behavior of media audience who will go almost anywhere in search of the kinds of entertainment they want." Henry Jenkins
2. flow of digital information made possible by Zeros and One's

How is Convergence = (equal) to the Participatory Culture?

1. consumers who are participating in producing and distributing entertainment.
1. they are createing media, content and culture

1. people are beginning to take content and use it for their own purposes
2. Challenges passive consumer model of entertainment - coach potatoe model
3. DIY ethic (do-it-yourself)

Explain Collective Intelligence

1. collective activities of millions of consumers/producers = intelligence and power

Explain the two levels of the definition of media

1. one level: technologies that enable communication
2. second level: "protocols" or social and cultural practices (rules) surrounding technology
3. one part technology and other party cultural system
1. Media = cultural systems 

• Tools to access media (tv, youtube, dvds)

• old media has always existed next to new media

Explain the characteristics of the Traditional "old" entertainment model - going on for 100 years

1. Centralized
2. Corporate owned and manufactured
3. Mass audience - what's the one product that we can create that can the most people
4. Professional production values
5. Standards - edited (standards of journalism opposed to no standards Wikipedia)
6. Reinforced dominant culture - what's on the radio is whatever one likes
7. Passive
8. Regulated by laws

Explain the characteristics of the new entertainment model a.k.a. Convergent entertainment model

1. Decentralized
2. Free as in "Free beer!"
3. Personalized - like molding a phone
4. Amaterur cultrure - not professional, anime music videos
5. Digital manipulation of content -
6. Resistant to status quo - does not follow the set parameters of society
7. Active - promotes active consumers
8. Free as in Freedom

Final Exam Details

two pages - hand written notes (f/b)

1. before the midterm -- 25%
2. 75% new material
3. scantron

Ushahidi

technology - impacting community, video games, music, film...

1. have big consequences

Is there a way technology can be used to address the great social problems that have plagued us for thousand thousands of years. 

1. Twitter - fire LAFD

Current Events -- 

The Wall St Journal Tech -- Facebook/Google

1. three topics
1. identity
2. surveillance
1. convergence - social, ad, and email source

First crimal trial - article from Wired.com

1. DMCA - violated xbox360 no fair use
2. fair use failed to argue - non infringement purposes

--  Class Notes --

What you are doing on the internet.

How is Convergence = (equal) to the Participatory Culture?

1. consumers who are participating in producing and distributing entertainment.
1. they are createing media, content and culture

1. people are beginning to take content and use it for their own purposes
2. Challenges passive consumer model of entertainment - coach potatoe model
3. DIY ethic (do-it-yourself)

General Question in Class: What is the effect of people participating?

Explain Collective Intelligence

1. collective activities of millions of consumers/producers = intelligence and power
1. create something that is smart

HOMEWORK: Find the edit page on Wikipedia for CSUF

Note: user-generated content - content consumed created by users

Explain the two levels of the definition of media

1. one level: technologies that enable communication
2. second level: "protocols" or social and cultural practices (rules) surrounding technology
3. one part technology and other party cultural system
1. Media = cultural systems
4. Delivery technologies = tools to access media (tv, youtube, dvds)

1. does not originate 
1. black box fallacy - old media has always existed next to new media
2. ...comes from Top down - corporations controlling more media across more media
3. ....comes from Bottom up - consumers can appropriate, store, distribute more media on grassroots level

How is convergence really shaping/impacting culture

• Idea of participatory
• people are not passive consumers
• some are early adopters

Explain why people are early adopters

• because its a new way for someone to connect with other

Explain Fan and folk culture in relation to participatory culture

1. Fan culture = DIY, grassroots, amateur
2. Older folk culture
1. right for everyday people to participate in producing their culture 

Explain the two Rising tensions in convergence theory?

1. Probitionists - against tapster
1. Shutting down fan communities
2. Collaborationists - harness power of convergence
1. some old media

examples of tension were the

1. Star Wars fan culture films
2. Colbert green screen
3. Slash Fiction

Terms: 

Remix - adding or eliminating elements of songs

Mashups - putting together elements

Modding - modifying actual hardware

Convergence Culture I

Note: People use technology as a driving force.

Example of convergence: cell phone

Note: once content has been digitized it can move across different platforms.

What is Convergence?

1. flow of content across multi-media platforms, cooperation between multiple media industries, and the migratory behavior of media audience who will go almost anywhere in search of the kinds of entertainment they want." Henry Jenkins
2. flow of digital information made possible by Zeros and One's

Starts discuss like Henry Jenkins with character (Bert)

1. Some kid played on this phenomenon
2. created website where Bert was with bad people

Questions:

1. How are digital and network technologies impacting our everyday lives?
2. In what ways do these changes collide with the status quo?

Note: These are the subject of the readings

Wikileaks

1. Julian Assange - released secret govt information
2. last 24 hours wiki sent information to newspapers

Note: Fix Notes for previous notes on privilege of three prong Brazburg test.

Explain Privacy law

1. "privacy" not in constitution
2. "derived right"
3. State statutory rules or common law
1. - function of state statutory
2. State action by legis
3. 1a to name rape victims from public
4. Privacy is tort (civil suit)

Explain the Origins of Privacy

1. Lawyers (4)
2. 1890 Law Review - Brandeis and Warren
3. right to privacy in non-1A privacy cases
1. griswold / roe v. wade - govt. can't invade privacy

Explain the Four Privacy Torts

• Intrusion
• trespass into solitude
• Private Facts
• publication of embarrassing private facts, particularly if true
• False Light
• portraying someone in false fictionalized or distorted way
• Appropriation/Misappropriation/Right of Publicity
• unauthorized use of image or personal attributes

Explain States stance on Privacy Torts

• governed by each state
• State recognizes all four torts

Explain Intrusion

1. Right against unconsented entries into private spaces
1. common law
1. offensive, physical, electornic or mechanical invasion of another's solidtude or seclusion
2. No need to prove publication; act of intrusion is the tort

1. Dietemann v. Time
2. Food v. ABC - employees didn't have a reasonable space that would be considered to be intrusion (private place) - why Food Lion didn't sue for intrusion
3. Galella v. Onassis - courts in extreme cases, judges can create zone of privacy for certain people
4. Wilson v. Layne - court said that 4A violation for journalists to enter home without resident consent. even with officers who have warrant
5. Shulman v. Group W Productions - CA SC said shulman could sue tv production company for intrusion (spying), even though accident was newsworthy
6. expect ions of privacy similar to that in a hospital 

Explain the Defenses for Intrusion:

1. Plain view:
1. anything seen in public can be reported
2. Consent
1. inviting reporter is consent
3. Newsworthiness
1. not strong defense
2. strongest when public property; weakest on private property
3. barnicki - right

Explain Publication of Private Facts or Public Disclosure

• most common intrusion
• illegally exposing information that highly offensive to a reasonable person" and not of legitimate public concern
• private facts
• highly offensive to a reasonable person
• not legitimate public concern

Public Disclosure SCOTUS Cases

1. - Cox Broadcasting v. Cohn - explain
1. Names public documents not subject to invasion
2. - news about crime is a matter of public concern

Note: Old but true cases -- cancelled

Explain what plaintiffs must show to win Public Disclosure cases

1. facts are private
1. if person is active in "community" that could make facts of public concern
2. highly offensive

Explain the Defenses to private facts

1. newsworthiness
1. main defense
2. truth is not a defense
1. truth is not a defense - if its false ( can't win disclosure of facts [sue for libel])
2. qualified privilege
1. if reported from public records generally "in the public"
3. Consent:
1. written best
2. can be revoked if done reasonably

Explain False Light

• Being portrayed in erroneous and offensive manner
• Difference from libel:
• info need not be defamatory
• damaging to reputation, only highly offensive to reasonable person
• person "portrayed" in a offensive manner- implied rather than explicit
• False portrayal of person's characteristics, conduct or beliefs that casts a person in a false light
• example: pictures of couple that is happily married but under headline of couples getting divorce

SCOTUS Cases - False light

Explain the two kinds of false light

• Distortion
• omitting or using facts out of context so that reasonable person might think ill of distorted person
• Fictionalization
• intended to and did lead people to believe fiction true

Defenses to false light

• truth
• best defense
• show basic claims made by story are accurate
• consent
• newsworthiness
• must be done with constitutional defense, not alone
• opinion and fair comment
• person must understand it to be obvious parody or opinion

Explain Appropriation:

• Can't use someone ele's identity to make money off of them 
• recognized in nearly every state
• most legally concerte of the four torts

Explain the difference between appropriation and right of publicity

• Right of Publicity deals with commercial value of image
• Misapprorpriation doesn't care whether money is made
• does not survive death
• personal right

Appropriation cases:

Explain the Zacchini v. Scripps-Howard Broadcasting Co. case (1977)

1. little person was part of circus act
2. evening news shows act without objection
3. tv station misappropriated his act and lost him money
4. SCOTUS agreed: against TV station
5. unique: weird set of facts - 1977, tv station could air it and make money off of it

What are the defenses for appropriation?

• Consent
• strongest when in writing
• Newsworthiness
• rarely works for media defendant
• Fair use/fair comment
• weak
• protects derivative uses of celebrity identities