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Legal and Freedom

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Adrianus Raymond
Media 1 section 4520

Review Questions for Chapter on Legal Controls and Freedom of Expressions

9/28/15 raymond_adrianus@student.smc.edu Explain the various models of the news media that exist under different political systems?
1. The following are the various models of the news media that exist under different political systems:
Authoritarian model - a model for journalism and speech that do not tolerate criticism of government or public dissent; it holds that the general public needs guidance from an elite and educated ruling class. Today, this model operates in developing countries throughout Asia, Latin America, and Africa.

Communism model - a model for journalism and speech that places control in the hands of an enlightened government, which speaks for ordinary citizens and workers in order to serve the common goals of the state. There are still a few countries using this model, including Myanmar, China, Cuba, and North Korea.

Social Responsibility model - a model for journalism and speech, influenced by the libertarian model, that encourages the free flow of information to citizens so they can make wise decisions regarding political and social issues. This model characterizes the ideals of mainstream journalism in the United States.
A social responsible press is usually privately owned. In this model, media function as a Fourth Estate - the notion that the press operates as an unofficial branch of government, monitoring the legislative, judicial, and executive branches for abuses of power

Libertarian model - a model for journalism and speech that encourages vigorous government criticism and supports the highest degree of individual and press freedom. This model tolerates the expression of everything and has no restrictions. Many alternatives media in North America and Europe operate in such model.

What is the legal significance of the Falwell v. Flynt case?
2. The legal significance in Falwell v. Flynt case is the rule of opinion and fair comment. This case is considered as libel case, which Minister Falwell who felt he was attacked personally by the publication in Flynt’s Hustler Magazine, sued Larry Flynt for $45 million in damages. The jury rejected the libel suit but found that Flynt had intentionally caused Falwell emotional distress, awarding Falwell $200.000. However, the justices did say that the magazine was entitled to constitutional protection. In affirming Hustler’s speech rights, the Court suggested that even though parodies and insults of public figures might indeed cause emotional pain, denying the right to publish them and awarding damages for emotional reasons would violate the spirit of the First Amendment.

Have you ever had an experience in which you thought personal or public expression went too far and should be curbed? Explain. How might you solve that situation?
3. We already covered and understand the chapter about the First Amendment and all of the things that protected the freedom of speech; but sometimes personal or public expressions in the media went way too far and become a disturbance. Despite the freedom of speech is protected, not all materials that presented by the media can be accepted by the public, yet censorship is needed due to reduce the disturbance to the common viewer. Moreover, rating system can be used to distinguish and determine which target audience is suitable for the presented materials by the media.

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