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COM 250 Study Guide - Final Guide: Pruneyard Shopping Center, Copyright Registration, Public Speaking

Course Code
COM 250
Terilli Samuel
Study Guide

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CH. 9- Time, Place and Manner
Time, Place, and Manner Restrictions- rules that regulate when, where, and how a message is
Reasonable time, place, and manner restrictions will be upheld if
oThey are justified without reference to the content of the regulated speech (content
must be neutral)
oThey are narrowly tailored to serve a significant government interest
oThey leave open ample alternative channels for communication of the information
Grayned v. City of Rockford
Protesters picketing a school over racial inequality with loud music
Anti-picketing law unconstitutional because it was outside school property
We can analyze context by which a message is expressed, when its expressed and where its
Refers to specific chronological date, time or period when an utterance is made or events occur
Refers to forum or site of the expression  the location
Refers to the means by which the expression occurs, whether through expressive conduct,
words or use of symbols
Ability to use public property
Side walks, parks, streets: traditional public forums where you expect to find expression
Malls still private property but open to the public so court said malls can decide their own rules
California Pruneyard Shopping Center  they have a law in California that you can go and
protest in a mall
3 Types of Public Forum Rule
Traditional or open public forum- a place with a long tradition of freedom of expression. Gov
can only impose content neutral time, place, and manner, restrictions on speech in a public
forum. Restrictions on speech in a public forum will be shut down
Limited public forum or designated public forum- a place with a more limited history of
expressive activity, usually one only for certain group topics. University meeting hall or theater.
Gov can limit access to certain types of speakers but only if it serves a “compelling interest”
Closed public forum- a place that traditionally has not been open to public expression, such as
jail or military base. Gov restrictions on access to a nonpublic forum will be upheld as long as
they are reasonable and not based on desire to suppress a particular viewpoint
CCNV v. Reid
CCNV wanted a sculpture to illustrate the plight of the homeless. They contracted with a sculptor
named Reid to make the sculpture. CCNV paid for the materials, but Reid donated his time.
oCCNV provided input on what the sculpture was to entail, but Reid retained significant
creative control.
Eventually the sculpture was finished and CCNV paid $15k. However, when they announced
plans to take the sculpture on a multi-city tour, Reid refused to give up possession of it, and filed
a certificate of copyright registration.
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oReid argued that he was a co-author of the sculpture.
oCCNV argued that they paid for the sculpture and were the ones who directed its
creation. Therefore, Reid's contribution did not make him a co-author since it was just
work for hire.
CH. 11- Technology and 1 st
Government role in Internet
If internet was thought to be more like PRINT (magazine, newspaper) government would have
a BIG role in regulating it
If internet was thought as RADIO/TV, government has SOME role in regulating it
If internet was thought as TELEPHONE, government has NO role in regulating it
The Communications Act of 1934 and Radio/ Television-
In response to the scarcity of frequencies (stations competing for air time) and resulting chaos
on the airwaves, Congress passed the Communications Act of 1934, under which the federal
government reserved the right to regulate the licensing of applicants to broadcast along
available frequencies
Telephone companies: Common Carriers
By law, common carriers are generally not held liable for third party transmissions over their
technology (for example, libelous or obscene messages) because they do not have the right to
exclude communicators from their service
Issues raised by the Pervasiveness of Broadcasting
The argument is that certain technologies, such as TV and Radio Broadcasting, invade almost
every aspect of our lives and cannot easily be ignored or dismissed
oSupporters of increased regulation agree that pervasive technologies are
particularly troubling when they intrude on captive audience that can’t easily avoid
oThe Radio Act of 1927- prohibited obscene, indecent, and profane language on the
The Fairness Doctrine
1. Provide coverage of vitally important controversial issues of interest in the community
served by the licensees
2. Provide a reasonable opportunity for the presentation of contrasting viewpoints on such
oThe justification for this regulation is that diverse points of view might not get aired
if we leave it up to those with licenses to decide what to air
Red Lion Broadcasting Co v. FCC
Conclusion: no one has the right to license or to monopolize a radio frequency. A licensed
company has the right to broadcast but not the right to exclude a fellow citizen. It is the right of
the viewers and listeners, not the broadcasters.
Ashcroft v ACLU & COPA
Banned knowing commercial posting of content harmful to minors; allowed w/ access
restrictions (ex- credit cards)
SCT remands case for a trial and suggests less restrictive alts
CH. 14 Copyright
Copyright: a bundle of legal rights that provides writers and artists with significant power to control
the communication of their creative works
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