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Definition
Body: any organization that recieves public funds
Record: anything in possesion of a public body, includes records, transcrips, contracts. |
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Term
| what are the 4 privacy torts |
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Definition
1. publication of embarasing facts
2.physcial and technological intrustion
3.false light : no recognized in SC
4.commerciliation |
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Term
South Carolina Freedom of Information Act
and under these rules what is Criminal vs. Cival |
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Definition
The information actis in place so that the public knows officials actions, it gives the public access to any meetings. Was started after WW2 and is seen as vital.
Criminal: has never happend in the state of SC
Civil: in cival cases you have a statue of limitations of one year after the public body has violated the law, the most common type of case. |
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Term
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Definition
| The quorum of a public body |
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Term
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Definition
| common law malice that is motivated by ill will spite or hatred |
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Term
| invasion of privacy/ Torts |
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Definition
1. cival claim : stared by Branochi and Warren who wroe the most influential law review ever
2.publication of private facts offending ordinary decency
3. missappropriation of personality or likeness for a commerical purpose
4. false light: not in SC |
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Term
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Definition
| young girl marries a man and has a baby , it makes the and mets sues, but the other side ofthe case wins beacuse the birth of the baby was a public record |
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Term
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Definition
| Said that 1st and 4th amendment should protect invasion of privacy |
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Term
| Washington vs. Leslie Advertising |
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Definition
| a picture was taken a a gullah festivial of washington and she sues for missapropriation beacuse her picture was used in ads for SC, this is a cival tort case. |
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Term
| Robert Welch Inc vs. Gertz |
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Definition
| said there was conspiracy to unite the police force it set forth rules for private figures and let it up to the state to determine level of fault. |
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Term
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Definition
| False light case, said that life TV piece made their ordeal look worse then it really was Time ends up loosing for only telling 1/2 truths. Nixon was the lawayer on this case and it was the only false light case the supreme court has ever taken. |
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Term
| Curtis Publishing vs. Butts |
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Definition
Starts the public figure plantif claim, Butts wins beacuse he proves actual malice.
*Butts acussed of throwing ALBAMA vs. UGA game beacuse of overheard phone call at airport. |
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Term
| New York Times vs. Sullivan |
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Definition
| made actual malice a real thing that you had to have a actual statement made to claim it better known as constitutial malice, also a defamation case beacuse it suggested that AL wanted to silance civil rights and quoted Sullivan. |
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Term
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Definition
| publication of a false statement of fact. of and concerning a person or entitiy when the statement holds the person or entitity up to scorn ridicule or abuse or lowers them in the esteem of the community. |
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Term
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Definition
Strict liability is defmation means you have liablity no matter what.
Slander= spoken defmation
Libal= printed defamtion |
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Definition
| true facts are the best defense, consent |
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Term
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Definition
1. National Security
2. Administrative Documents
3. Other Laws
4. trade secrets
5. Inter and Intra agency memoranda
6. personal privacy
7. law enforcment records
8.records of financial institutions
9.protects oil well data |
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Term
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Definition
| has least amount of protection under the 1st amendment |
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Term
| Red Lion Broadcast vs. FCC |
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Definition
| Red lion said FCC couldnt say what to broadcast the case holds that the 1st amendment right belonged to the public so the FCC can regulate in the case of public intrest |
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Term
| Stratton Oakmont vs. Prodegy |
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Definition
| the supreme court ruled that prodegy has liability, but now there is a law saying interactive computer servie does not have liability for something posted on its site. |
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Term
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Definition
| government protects from competition but also restricts the amount that the company can actaully charge. |
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Term
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Definition
| gives the government the right to regulate the telephone business, they can regulate interstate telephone calls, beacuse congress has the right to regulate interstate commerce. the FCC is responsible |
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Term
| State Regulate, Sc has never.. |
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Definition
Intra state commerce
...adressed a internet case of libel or slander should it ever though it will probobly fall under slander. |
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Term
| Zeran v. Americ Online Inc |
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Definition
| U.S. Court of Appeals for the Ninth Circuit held that a roommate-matching website was not entitled to protection under the statute because the website operator utilized a questionnaire to obtain preference responses, thus making the operator a "publisher. "The decision is to be reheard en banc, and the court's most recent order in the case states, "The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court." |
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Term
| Digital Millennium Copyright Act |
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Definition
| upon reciving a claim the infringed material must be removed from the website. |
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