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Comm Law

flash cards

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