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flash cards

Quiz yourself by thinking what should be in each of the black spaces below before clicking on it to display the answer.
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Question
Answer
New York Times v Sullivan   Ad violated civil rights To prove libel must show actual malice  
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Fourth Amendment   Search and Seizure Deals with privacy  
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Sixth Amendment   Due process Impartial jury Fair and speedy trial  
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14th Amendment   No state law against rights of a citizen Due process of law  
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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  
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Gertz v. Welch   limited public figure rule Gertz criticized by mag Sued and lost b/c he is a limited public figure  
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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  
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Private v. Public figure   PUBLIC: All purpose - celebrity, Limited - 1 involved in specific event, Involuntary - thrust into spotlight PRIVATE: regular citizen  
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Negligence v. Actual malice   NEGLIGENCE: sloppy reporting ACTUAL MALICE: reckless disregard for the truth  
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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  
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Defamation   harm to rep to keep ppl from associating with him  
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Harm   injury to rep, financial condition or emotional well being  
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Identification   person must be identified directly  
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Communication   publishing, broadcasting entity, victim, 3rd person to identify victim  
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Fault   negligence and actual malice  
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Falsity   have ti prove info is false  
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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  
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Dietmann v. Time, Inc   INTRUSION Misrepresented reporters used hidden cameras Dietmann won - home office is still home  
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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  
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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  
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Wilson v. Layne   MEDIA RIDE-ALONGS reporters w/ cops to execute warrant and arrest SC ruled violation of 4th Amd rights  
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False Light   inaccurate exaggerated information in media  
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Private Facts   details of persons life that is highly offensive to reasonable person and not of ligit intereset of public  
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Appropriation   unauthorized use of persons name, image, likeness, or voice for commercial purposes  
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Intrusion   unauthorized invasion of persons privacy by physical, photographical or electronic means  
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Booth Rule   pprs and mags can use their own news photos to self-promote if photos were newsworthy in original context  
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Cox Doctrine   permits reporters to broadcast name of crime victim if: legally obtained, truthful, and part of public record  
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Sheppard v. Maxwell   Media said husband was guilty of killing wife before trial unfair trial b/c of pre-trial publicity find unbiased jury  
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Nebraska Press Ass. v. Stuart   Pre-trial publicity - murder trial gag orders to media = unconstitutional form of prior restraint  
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Estes v. Texas   cameras in courtroom affected trial SC - cameras disrupted case judges have authority to make time place and manner restrictions on media  
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Chandler v. Florida   1 camera allowed in courtroom - sued saying it disrupted trial SC - camera didn't disrupt trial  
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Branzburg v. Hayes   3 cases journalist witnessed crime had to testify Brandzburg Rule  
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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  
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Pre-trial Publicity   could contaminate jurors  
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Closing of pre-trial proceedings   judge excludes public state laws vary  
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change on venue   trial relocates to another city to find jurors not exposed to publicity  
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change of venire   trail in same courtroom but bring in jury from another community  
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voir dire   jury screening - questions on prior knowledge  
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sequestering   jury stays near courtroom and can't have access to media or family  
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Admonition   jusy can go home but can't discuss case or see media coverage of trial  
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Gag orders   can't speak to media b/t court sessions  
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Shield Laws   state statute that allows journalists to protect sources and not reveal their identity LIMITED: protect info COMPREHENSIVE: protect info and sources  
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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  
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Cameras in Courts   media pools cameras in state courts but may be judges choice and ppl an decline photos  
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Access to Info   press gets as much as general public gov't can't discriminate against specific ppl or orgs or play favs  
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Brazburg Rule   Shield law doesn't apply in cases where journalist witnessed crime  
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Sunshine Laws   state laws that require gov't bodies meet in public  
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Subpoena   a court order requiring the appearance in court of a person or production of documents  
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