flash cards
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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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