Term
| Kuhlmeier v. Hazelwood School District |
|
Definition
| A school-sponsored, student-run newspaper wanted to print an article about teen pregnancy and divorce and the advisor at the school did not deem this appropriate material for high school students so he did not allow the paper to print the material. Courts ruled in favor of school district in St. Louis, Missouri. |
|
|
Term
|
Definition
| Kentucky State University student (Kincaid) created a controversial yearbook with purple cover, racy captions under pictures and more controversial topics inside. KSU president confiscated yearbooks. Courts ruled in favor of student because yearbook publicly funded material. |
|
|
Term
|
Definition
| police commissioner sued NYT for making false defamatory statements about the police department. The ad said the dept was using violence to control civil rights. The courts sided with NYT because Sullivan had to prove actual malice. |
|
|
Term
|
Definition
| punish those who criticized the government or the crown. Did not matter whether criticism was truthful or not. |
|
|
Term
|
Definition
#1 - 1969 "students do not shed first amendment rights at the school house door"
Christopher Eckhardt and Mary Beth Tinker wore homemade balck armbands with peace signs to protest war in Vietnam. Next day brother wore band. Suspended because it would incite violence. Tinker won. Said students should have 1st amendment right to express opinion as long as it does not interfere with appropriate dress. |
|
|
Term
|
Definition
1. can statement be proved true/false?
2. what is common ordinary meaning of words?
3. what is journalistic context of the remark?
4. what is social context of remark?
true, meaning, j context, s context
|
|
|
Term
| Milkovich v. Lorain Journal (5) |
|
Definition
| Lorain journal published that high school wrestling coach and superintendant lied during hearing and the team had been disqualified from participating in state wrestling tournament. writer admitted he was stating opinion. |
|
|
Term
|
Definition
| FALSE LIGHT. WJLA TV reported on a new medical treatment for genital herpes. The report appeared on two nightly newscasts. Camera zoomed up on a woman on the street. made public think the woman had herpes. woman sued for false light and defamatory statement. court ruled in favor of the woman. |
|
|
Term
| Colbert v. Worth Publishing |
|
Definition
| FALSE LIGHT. newspaper published an article concerning death of former local schoolteacher who had been convicted of murder and who was reportedly mentally ill but accompanying picture with actually of a different person, French Colbert. Courts ruled in favor of man - obviously put him in false light. |
|
|
Term
|
Definition
| Gertz - well known civil rights attorney. police officer shot and killed a young man and a serious controversy erupted in the city. Gertz was retained by the family of the dead man to bring a civil action against the officer. John Birch Society made outrageous charges against Gertz in a publication and gertz sued for libel. The courts said he was not a limited purpose public figure. had limited role in defending family of man. |
|
|
Term
|
Definition
| a woman with an eating disorder - constantly ate but still lost weight. she was admitted to a hospital. Journalists were tipped off and came into her room. They went into the room without her consent and took pictures of her. Barber sued and won the case. It was offensive and did not follow the law of privacy. |
|
|
Term
| Castro v. NYT Television (9) |
|
Definition
| Jay Leno showed a picture of a woman on his show. not commercial use. courts said the newsworthiness exemption ecompassed a performance involving comedy and satire. |
|
|
Term
|
Definition
| sports illustrated published article about long body surfer named mike virgil. Reporter asked him why he seemed so willing to risk life in dangerous sport. he sued when article went to print because reporter printed actions in his personal life like putting cigarettes out in his mouth and diving down flight of stairs. courts ruled in favor of magazine. |
|
|
Term
|
Definition
| university admin demanded for prior review and approval of a student run newspaper in chicago. used hosty as fake panname when speaking of controversial school issues. courts ruled admin could practice prior restraint on papers. |
|
|
Term
| Howell v. NYPost (10) (9) |
|
Definition
| a woman had been on national news as adoptive mother of girl who died from abuse. photographer secretly took pics of woman and she sued for invasion of privacy. She lost. legitimate public concern. |
|
|
Term
|
Definition
| "Bong Hits 4 Jesus" student stood on sidewalk across the street from a high school as olympic torch passed by with sign that said, "Bong Hits 4 Jesus." claimed language was meaningless and funny and done to be on TV, principal considered a pro drug message and student was suspended for 10 days. Under tinker - courts ruled in favor of student. |
|
|
Term
|
Definition
| Ginzburg published in his fact mag falsehoods about barry goldwater. Ginzburg sent out surveys asking public to analyze goldwater's mental condition. sued for libel. courts ruled in favor of presidential candidate goldwater. established goldwater rule - medical privacy. |
|
|
Term
| Publicity to Private facts (9) (10) |
|
Definition
1. legitimate public interest?
2. are people pushed into spotlight through no fault of their own?
3. do closely related people to the person lose privacy?
4. how far into private life can press go? |
|
|
Term
| amendment IV in constitution (7) |
|
Definition
| the right of the people to be secure in their persons, houses, papers and affects against unreasonable searches and seizures. Shall not be violated and no warrants shall be issued but upon probable cause. |
|
|
Term
| four areas of privacy law (9) (10) (6) |
|
Definition
1. appropriation of name or likeness for trade purposes
2. intrusion upon individuals solitude
3. publication of private info about person.
4. publishing material that puts individual in a false light. |
|
|
Term
| news and info exception to invasion of privacy appropriation (9) |
|
Definition
| even though newspapers are sold for profit it does not deny them the protection of liberty of expression |
|
|
Term
| limited-purpose public figure (8) |
|
Definition
| people who have thrust themselves into the spotlight to influence resolution. |
|
|
Term
| Bethel School District v. Fraser |
|
Definition
| student gave speech with sexual innuendos. courts ruled it did not violate laws. protected under first amendment. |
|
|
Term
|
Definition
| high school student wore tshirt that said international terrorist with bush's face on it to express feelings on bush's foreign policy. ruled in favor of student because it did not cause a substantial interruption. |
|
|
Term
| Dean v. Utica Community Schools |
|
Definition
| a highschool newspaper printed an article about lawsuit by two local residents breathing in fumes from bus depot. removed from paper for "inaccuracies." Courts ruled in favor of the student because the case was of legitimate pedagogical concern. |
|
|
Term
|
Definition
| punished all who advocated the overthrow of the government. |
|
|
Term
|
Definition
| minnesota paper viewed as scandalous and defamatory. a public nusiance. wanted to cancel paper indefinitely. but prior restraint of all future publications is unconstitutional. |
|
|
Term
| Alcohol ads and the college press p.102 |
|
Definition
| Act 199 prohibited the paid dissemination of alcoholic beverage advertisements in college papers. courts ruled this act unconstitutional. |
|
|
Term
| The All-Purpose Public Figures p.172 |
|
Definition
| defined as a person who has such pervasive power and importance that he is deemed a public figure for all purposes |
|
|
Term
|
Definition
| used against public figures. writer had knowledge the information was false but printed it anyway. malicious intentions. |
|
|
Term
|
Definition
| a person must sue for libel within a certain period of time that the libelous material was printed. |
|
|
Term
| Qualified Privilege/neutral reportage |
|
Definition
| a public figure may report a false/libelous statement without being sued as long as the statement was made by someone else and the public is aware of that. |
|
|
Term
|
Definition
| it is obviously an opinion. very free, expressive speech. covered by first amendment. *national enquirer |
|
|
Term
|
Definition
| damages for actual injury |
|
|
Term
|
Definition
| specific amount of money lost because of libelous statement. |
|
|
Term
|
Definition
| damanges a plaintiff can get without proof of injury or harm. public person on a matter of public concern receives this. |
|
|
Term
|
Definition
| designed to punish defendants for misconduct and to warn others to not act in this manner. |
|
|
Term
|
Definition
| the use of a person's name or likeness in an ad without special permission. Shirley booth had her picture taken in jamaica on vacation and the picture was used in an ad in a magazine. |
|
|
Term
| Publicity to private facts |
|
Definition
1. must be publicity
2. the revelation of material must be offense to a reasonable person
3. the material is not of legitimate public concern |
|
|
