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Comm Law
flash cards
| Question | Answer |
|---|---|
| New York Times v Sullivan | Ad violated civil rights To prove libel must show actual malice |
| Fourth Amendment | Search and Seizure Deals with privacy |
| Sixth Amendment | Due process Impartial jury Fair and speedy trial |
| 14th Amendment | No state law against rights of a citizen Due process of law |
| Associated Press v. Walker | A.P accused Walker of instigating riot Sued for libel Lost in SC b/c he made himself a public figure |
| Gertz v. Welch | limited public figure rule Gertz criticized by mag Sued and lost b/c he is a limited public figure |
| Texas Cattlemen Assoc. v. Winfrey | Winfrey talked bad about beef - mad cow disease Sued for libel - endangered beef industry TCA lost b/c no false comments were made - opinions |
| Private v. Public figure | PUBLIC: All purpose - celebrity, Limited - 1 involved in specific event, Involuntary - thrust into spotlight PRIVATE: regular citizen |
| Negligence v. Actual malice | NEGLIGENCE: sloppy reporting ACTUAL MALICE: reckless disregard for the truth |
| Defenses against libel | TRUTH - story is true FAIR COMMENT&CRITICISM -opinion PRIVILEGE: speaker in gov't meetings or legal proceedings can't be guilty of libel or reporters quoting them |
| Defamation | harm to rep to keep ppl from associating with him |
| Harm | injury to rep, financial condition or emotional well being |
| Identification | person must be identified directly |
| Communication | publishing, broadcasting entity, victim, 3rd person to identify victim |
| Fault | negligence and actual malice |
| Falsity | have ti prove info is false |
| Time Inc v. Hill | FALSE LIGHT home invasion - broadway - magazine story SC - prove falsity and actual malice Mag won b/c family couldn't prove actual malice |
| Dietmann v. Time, Inc | INTRUSION Misrepresented reporters used hidden cameras Dietmann won - home office is still home |
| Cox Broadcasting v. Cohen | PUBLIC DOMAIN rape victim's name given out by TV station SC ruled in favor of TV station b/c name was: true, part of public record, and legally obtained = Cox Doctrine |
| Hustler Mag v. Falwell | EMOTIONAL DISTRESS parody in adult mag sued for defamation, invasion and emotional distress SC ruled against person b/c parody is protected and he is a public figure |
| Wilson v. Layne | MEDIA RIDE-ALONGS reporters w/ cops to execute warrant and arrest SC ruled violation of 4th Amd rights |
| False Light | inaccurate exaggerated information in media |
| Private Facts | details of persons life that is highly offensive to reasonable person and not of ligit intereset of public |
| Appropriation | unauthorized use of persons name, image, likeness, or voice for commercial purposes |
| Intrusion | unauthorized invasion of persons privacy by physical, photographical or electronic means |
| Booth Rule | pprs and mags can use their own news photos to self-promote if photos were newsworthy in original context |
| Cox Doctrine | permits reporters to broadcast name of crime victim if: legally obtained, truthful, and part of public record |
| Sheppard v. Maxwell | Media said husband was guilty of killing wife before trial unfair trial b/c of pre-trial publicity find unbiased jury |
| Nebraska Press Ass. v. Stuart | Pre-trial publicity - murder trial gag orders to media = unconstitutional form of prior restraint |
| Estes v. Texas | cameras in courtroom affected trial SC - cameras disrupted case judges have authority to make time place and manner restrictions on media |
| Chandler v. Florida | 1 camera allowed in courtroom - sued saying it disrupted trial SC - camera didn't disrupt trial |
| Branzburg v. Hayes | 3 cases journalist witnessed crime had to testify Brandzburg Rule |
| Zurcher v. Stanford | ppr had pics police wanted, police raided ppr SC ruled in favor of Zurcher but overturned saying police w/ warrants can search w/o warning |
| Pre-trial Publicity | could contaminate jurors |
| Closing of pre-trial proceedings | judge excludes public state laws vary |
| change on venue | trial relocates to another city to find jurors not exposed to publicity |
| change of venire | trail in same courtroom but bring in jury from another community |
| voir dire | jury screening - questions on prior knowledge |
| sequestering | jury stays near courtroom and can't have access to media or family |
| Admonition | jusy can go home but can't discuss case or see media coverage of trial |
| Gag orders | can't speak to media b/t court sessions |
| Shield Laws | state statute that allows journalists to protect sources and not reveal their identity LIMITED: protect info COMPREHENSIVE: protect info and sources |
| Qualified Privilege Test | 1 Journalist must have info relevant to specific crime 2 Info must be unavailable from other sources 3 The need to obtain info must be greater than journalists need to keep it cinfidential |
| Cameras in Courts | media pools cameras in state courts but may be judges choice and ppl an decline photos |
| Access to Info | press gets as much as general public gov't can't discriminate against specific ppl or orgs or play favs |
| Brazburg Rule | Shield law doesn't apply in cases where journalist witnessed crime |
| Sunshine Laws | state laws that require gov't bodies meet in public |
| Subpoena | a court order requiring the appearance in court of a person or production of documents |
Created by:
KiaL
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