Chapter 10
Key terms and concepts
Students who are learning to write for the mass media should understand the impotance of laws that might govern or affect what they do. This chapter, written by Matthew Bunker of the University of Alabama, seeks to introduce this subject to the students. This chapter review the major categories of the law and governmental action that touch on media writing.

Legal considerations will always be a part of the media writer’s work. While the First Amendment protects freedom of speech and the press, many laws and regulations can intrude on the writer. Even if the writer is working for a large organization, he or she will still need to have a basic understanding of the law’s effect on the business of writing.

Key terms and concepts

First Amendment
– Students should know the five freedoms protected by the First Amendment: speech, press, religion, assembly and petition. The First Amendment does not eliminated the need for laws governing writing. Copyright law, for instance, would be necessary whether or not there was a First Amendment.

Prior restraint – In the United States of American, a person or organization is rarely stopped by the government from publishing or speaking. Such an action would be prior restraint. Instead, there may be consequences to what is printed or spoken, but the government is not set up to monitor what is about to be published.

Libel or defamation – These are legal terms for harm to reputation done by written or spoken communication. This chapter outlines what the plaintiff must prove and what the writer may use for defense.

Privacy – The concept of privacy is still under development. Students should understand the four types of privacy law.

Copyright and trademark
– Laws governing copyright and trademarks protect the creators of works from “infringement.” This is a growing area of concern for writers who need to be careful about what terms and images they can use and under what circumstances.


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