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| when name or likeness is used without permission for commercial purposes |
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| an invasion of one's personal space |
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-highly offensive to a normal person
-false
-person must be identified
public person: actual malice
-private person: negligence |
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| proposition that there are some kinds of highly personal but true information that no one has a right to publicize |
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| "if anyone deserves to make money off my name, it is me" |
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| wherein person A records a conversation between persons B and C |
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| person A records her own conversation with person B |
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| designed to protect consumers from confusion - to ensure that the products they purchase are indeed what they believe them to be |
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| Freedom of Information Act |
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Definition
| government works best when its work is open to public inspection. reporters & activists are able to learn more about public issues through this act |
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| a federal agency's response to a Freedom of Information Act request in which the agency provides a list of relevant documents in the agency's possession but claims that some or all of the documents may not be released |
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| federal agency response to a Freedom of Information Act request, refusing to provide the information sought and refusing to confirm or deny the existence of the requested file |
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| to be fined or imprisoned for taking any action that a trial judge perceives as disobedient or disrespectful |
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| orders through which persons disrupting the courtroom can be cited and punished on the spot, without a right to any further due process |
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| designed to persuade (coerce) a reluctant party to do something she or he has thus far failed to do |
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| criminal contempt citations |
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| issued as punishment for actions already taken |
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| judges often determine that the best way to retain some control over courtroom proceedings is to close the trial and deny the press and the public access to the courtroom altogether- may apply to a trial itself or to any of the several steps in the pretrial process |
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| change place of jurisdiction - if applying to state law, change of venue is within state. if applying to federal law, can be moved to any other state |
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| trial is conducted in the locale where the crime was committed but the jury is imported from another jurisdiction |
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| motion made by a party to a lawsuit or criminal prosecution, without any reason offered, seeking to remove a potential juror from being impaneled. unlike in the case of challenges for cause, each side typically is entitled to only a limited number of peremptory challenges |
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| for cause(challenge of juror) |
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Definition
| each side in a lawsuit or criminal prosecution may request that a potential juror not be impaneled, providing the trial judge with a specific reason why the potential juror would not be able to make an unbiased decision in a given case. generally, the number of "for cause" challenges to which a party is entitled is unlimited. |
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| collateral bar rule ("Dickinson" rule) |
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Definition
accepted in only some jurisdictions, this rule holds that contempt citations may stand even if the defendant is found by an appellate court to have had a right to engage in the behavior that resulted in the citation
Example: CNN case where Noriega was brought to USA on drug trafficking charges & had taped convos between Noriega and attorneys. Judge ordered the suspension of broadcasting the tapes until he decided whether or not they jeopardized the case. He decided they didn't & removed gag order - CNN had already broadcast them & were in contempt of court for doing so before the gag order was lifted. |
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| Freedom of Information Act - Exemptions from Disclosure |
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Definition
| 1. national security 2. internal agency personnel rules 3. withholding mandated by other federal laws 4. confidential commercial information 5. internal agency policy discussions & memoranda 6. personnel, medical, and similar files 7. law enforcement 8. financial institutions 9. geological and geophysical data |
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| FOIA Exemption 1: national security |
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Definition
| this first exemption permits agencies to withhold records that are "specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy |
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| FOIA exemption 2: internal agency personnel rules |
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Definition
2 kinds of categories - "low 2" and "high 2" --
"low 2" - covers records related solely to the internal personnel rules and practices of an agency --
"high 2" - designed to protect internal agency data that may very well have some public interest but could make it difficult for the agency to function if it were publicly disseminated |
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| FOIA exemption 3: withholding mandated by other federal laws |
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Definition
| the "we bow down to other laws" exemption - agencies seeking to withhold data under this exemption must point to specific federal law that either demands that this type of info be kept secret or establishes clear criteria for determining whether the material must be withheld |
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| FOIA exemption 4: confidential commercial information |
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Definition
| neither competing companies nor the public in general necessarily have a right to learn such information |
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| FOIA exemption 5: internal agency policy discussions and memoranda |
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Definition
| the public has a right to know what policies a government agency has adopted but NOT all details of the discussions that helped shape the completed policy |
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| FOIA exemption 6: personnel, medical, and similar files |
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Definition
| provides for the nondisclosure of personnel matters - especially those of a more personal nature. information about a government official or any individual about whom highly private information is included in a file |
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| FOIA exemption 7: law enforcement |
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Definition
| prevents the premature disclosure of materials that would jeopardize criminal or civil investigations or cause some kind of demonstrable harm to informants who have assisted law enforcement personnel |
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| FOIA exemption 8: financial institutions |
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Definition
| fosters continued public confidence in banks, trust companies, securities exchange, and similar entities |
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| FOIA exemption 9: geological and geophysical data |
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Definition
| protects the financial interests of companies that have filed with the government data concerning oil wells and natural gas deposits |
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Definition
| January 1999 issue of "Playgirl" comes out with Jose Solano, Jr. on its cover under a headline "TV Guys: PRIMETIME'S SEXY YOUNG STARS EXPOSED" - Solano (from "Baywatch") did not appear nude in the magazine, give an interview or pose for photos for the magazine. Solano still sued, alleging Playgirl deliberately created the false impression that he did so - making it seem like he was willing to degrade himself & endorse such a magazine & that he was humiliated by it. Court granted Playgirl summary judgment. |
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| Holman vs. Central Arkansas Broadcasting Co. |
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Definition
| Marvin Holman and his wife were pulled over one night & arrested for DUI and public drunkenness. Holman met with his attorney while in jail for the night. Holman's attorney noticed a reporter - Connerton - with a recording device near the cell. The attorney told him not to record their conversations. Holman was loud, obnoxious & boisterous until his 9 AM release. Holman sues after Connerton broadcasts story with Holman's comments. No evidence Connerton recorded anything - Holman was so loud, anyone in the station could've heard him, can't expect right to privacy. Summary judgment granted to Connerton & TV station |
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| Baltimore Sun vs. Ehrlich |
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Definition
| Governor of Maryland (Ehrlich) issues a directive stating that no one in his state office is to communicate with David Nitkin or Michael Olesker (both reporters for Baltimore Sun) because they weren't objectively reporting on public matters- Olesker & Nitkin sue, alleging that the directive was punishing them for exercising their 1st Amendment rights. All other Sun reporters were allowed public access & information. Nitkin & Olesker were also still allowed to attend press conferences if they requested. Court favors Ehrlich because reporting on government is highly competitive and certain officials choose with whom they wish to answer questions - Nitkin & Olesker were just not those 2. |
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| TIME, Inc. is the owner of Sports Illustrated. A story comes out in Sports Illustrated about an infamous Steelers vs. Browns football game with a picture of Neff, zipper down - disheveled with the caption "A Strange Kind of Love" & the word "sexual deviate" near the picture. Neff sues but it is found out the picture was taken with his consent at the game. Neff is supposed to represent a rowdy Steelers fan - while the picture is in poor taste - Neff can't win an appropriation suit because the feature story wasn't for commercial gain & it was a newsworthy event - a famous game. Neff was also informed who was taking the photographs & for whom & was willing to pose. Court favors TIME |
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| Saxbe vs. Washington Post |
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Definition
| 1972 the Post requested permission to conduct several interviews with specific inmates in prisons in PA & CT. Petitioners denied permission on authority of Policy Statement 1220.1A, prohibiting any personal interviews between newsmen and individually designated federal prison inmates. Post says this statement abridges 1st amendment. District Court agreed the 1st amendment was violated & that press interviews could not be totally prohibited but "may be denied only where it is the judgment of the administrator, based on either inmate behavior, special conditions at time of interview or both, or that interview presents serious risk of administrative or disciplinary problems. |
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| Martha Stewart is facing charges of insider trading - an extremely high profile case. The voir dire proceedings begin (where prospective jurors are examined) judge orders that media not report on voir dire examinations until they have finished. A juror questionnaire leaks online from a potential juror - this sparks the judge to order no member of the press allowed during voir dire proceedings & all jurors remain confidential until trial's completion. Media coalition immediately fight back saying 1st amendment is challenged, jury can't be confidential & prior restraint is enacted since they can't receive voir dire info until 1 day after it occurs. District court issues statement on high profile nature of the case & that there is no other way to ensure impartial trial than to keep press out of voir dire proceedings. Court agrees. |
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| Food Lion vs. Capital Cities |
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Definition
| ABC's Primetime Live had reporters fraudulently obtain employment at Food Lion as meat packers to report on unsafe meat preparation and marketing practices. Food Lion sues for punitive damages, only a nominal award of $2 was awarded to Food Lion on "breach of loyalty" (taking wages from an employer while engaged in practices designed to hurt interests of that employer) Court threw out punitive damages charge (based on employees fraudulent misrepresentation & phony background) because the only real harm Food Lion faced was more from broadcast story on their shady business tactics. If Food Lion wanted to be compensated, they'd have to sue ABC for libel & prove they published with actual malice. |
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Definition
| media outlets are free to use materials they have already published in future advertisements for the same magazine or newspaper. |
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Term
| political figure exception |
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Definition
| political figures enter the public arena where "sensibilities of the participants must bow to the superior public interest in completely unfettered and unabridged free discussion of whatever persuasion, merit or style" |
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Term
| false light and fictionalization |
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Definition
| deliberate use of falsehood for the purpose of creating fictional accounts - false light cases are similar to libel except remarks don't have to be defamatory - they can simply be embarrassing & false |
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Term
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Definition
| any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including office of President) or any independent regulatory agency - does NOT include Congress or federal judiciary |
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Term
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| includes papers, reports, manuals, letters, and computer files, as well as audiotapes & other sound recordings, films, & photos. (all of these items are reproducible) |
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| Four pressures that constitute private censorship of information |
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Definition
1.PRESSURE FROM ADVERTISERS- Chrysler monitored all press for potentially provocative press - ended up killing a story that might have offended Chrysler in Esquire
2.PRESSURE FROM NEWS SOURCES- sometimes news outlet have false info, info might be libelous or organizations don't want stories to leak before press conferences
3.PRESSURES FROM MANAGEMENT- news firms can prevent stories from being run - or fire employees who don't comply
4.PRESSURE FROM REPORTERS' COMPETING FINANCIAL INTERESTS-a travel reporter might receive a free trip & report positively on the locale - or they're being paid off by industry officials to report positively in stories |
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| girl has unusual pancreatic disorder allowing her to eat excessive amounts of food but still lose weight. TIME runs article entitled "Starving Glutton" - 'Insatiable Eater Barber - She Eats for Ten' - Barber's name was published and printed. Supreme Court ruled that while it was important to educate public on new health conditions, the anonymity of the afflicted persons should be preserved. classified as a Highly Offensive disclosure of information |
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| after 9/11 the federal government obtained new law enforcement investigatory powers - a key issue was whether or not deportation hearings should be open to public & press. Supreme Court denied the motion to close them. |
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Definition
| process of questioning potential jurors in an effort to identify any sources of bias |
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| Jeffrey Wigand's confidentiality agreement |
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Definition
| Jeffrey Wigand is a former tobacco company executive whose 1995 interview with CBS's 60 Minutes was canceled because his former employer threatened CBS with a multi-billion dollar lawsuit for "tortious inference" - Wigand had a confidentiality agreement with his former employer so they didn't want to chance a libel suit - after details of one of Wigand's dispositions leaked in the Wall Street Journal - CBS decided it was safe to run the story & they did. 3 months after it was scheduled to air - EXAMPLE OF PRESSURES FROM NEWS SOURCES |
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| Federal Advisory Committee Act |
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Definition
| designed to open to the public meetings of groups composed of private citiznes. When Clinton appointed Hillary as the President's Task Force on National Health Care Reform - this small group met in private. People felt these group meetings should be public & brought up the FACA - but since it only dealt with private citizens, it wasn't relevant. The group was composed wholly of full-time, or permanent part-time officers or employees of the Fed Gvmt & Mrs. Clinton must also be considered a Federal employee since she is paid from the Treasury |
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| "Things to remember about" APPROPRIATION |
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Definition
2 distinct grievances:
-purely financial
-personal dignity
*a "likeness" is anything that conjures up in readers' minds the image of the plaintiff
*even fictional characters can have recognizable likenesses
*look-alike & sound-alike "takings"
*politicians almost always lose appropriation suits- political commentary
*some appropriation can be saved if it is a part of a legitimate news story
*"newspaper exception" permits media to sell posters or similar items that would be misappropriation if marketed by nonmedia companies |
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| "Things to remember about" INTRUSION |
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Definition
*unique among 4 privacy torts, doesn't require anything to be published - 1st amendment doesn't usually help defend it
*no intrusion if media captures something any passersby would've seen
*law enforcement officials might be in violation of privacy laws if they invite media to "ride-along" to crime scenes
-that employees of news organizations sometimes lies to gain access on private property is not an actionable intrusion claim.
*reporters who record phone convos run risk of civil suit & may be in violation of federal and state criminal statutes as well |
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| Elvis Presley Cases (Appropriation) |
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Definition
| many people have been sued for infringing on the king's likeness. *violators usually win BUT counterexample with 1972 Madison Sq. Garden concerts *RCA had an exclusive contract with Elvis to market recordings of concert. *Current Audio magazine said that this contract was unenforcable. *They wanted to use a playable LP recording of a press conference that Presley gave on the night of one of the MSG performances as their magazine cover *Court said mag. could do it cause was newsworthy/of public interest |
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| Ali vs. Playgirl (Appropriation) |
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Definition
| concerning likeness and a 1978 issue of Playgirl (Feb) *drawing of a nude black male in a boxing ring, looked just like Muhammad Ali & used the term "the greatest" long associated w/ Ali |
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| Berger vs. Hanlon (Intrusion) |
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Definition
the court of appeals for the 9th circuit declared that CNN could be sued for trespassing and for violating a Montana plantiff's civil rights
*CNN had accompanied US fish & wildlife agents who suspect Paul Berger of poisoning endangered species, on a search of Berger's ranch *the court was especially concerned because CNN had entered into an elaborate agreement with the government agency where they were allowed to film as long as they promised not to air the footage until a jury was selected or a plea bargain struck |
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| Zacchini vs. Scripps-Howard Broadcasting (misappropriation) |
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Definition
*the "human cannonball case"
*Hugu Zacchini at the Geauga County Fair in Burton, OH *Act takes 15 seconds - shoots him 200 ft away *local TV reporter films act & broadcasts it on the 11pm news *5-4 vote of Supreme Court for Zacchini *can't broadcast someone's whole act - copyright |
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| National Archives vs. Farish (Access to Public Info, Exemption: Law Enforcement) |
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Definition
| *Vincent Foster, deputy counsel to President Clinton, commits suicide. many conspiracy theorists *Allan Favish of the group Accuracy in the Media was unconvinced that Foster's death was suicide & sought disclosure of official police photos of the body under the FOIA *supreme court says no - privacy interests of family - because family was being hounded by media and more media attention would diminish their privacy & make more unnecessary grief |
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| State ex rel Rosenthal vs. Poe |
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Definition
*state trial judge Ted Poe signed order permitting WGBH Educational Foundation, Mead Street films,Inc., and PBS program "frontline" to videotape for later broadcast all proceedings in capital murder trial of Cedric Ryan Harrison.
*no one will attend video equipment when jury deliberates and won't be broadcast till after case is finalized
*Harrison consented & agreed that no footage may be used in post-conviction proceeding *District Attorney Charles Rosenthal objects cause nobody can be "with jury during deliberations" Even though jurors said won't affect them, they don't know till after broadcasting - violation of state law |
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| White vs. Samsung Electronics (Appropriation) |
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Definition
*samsung runs futuristic, funny TV ads
*show Robot resembling Vanna White standing next to game board like that of Wheel of Fortune says longest running game show, 2012 AD" *White sues
*Not likeness because it's a robot *Court expanded the right to publicity to cover celebrities' identities *2-1 vote White wins *Judge Alex Kozinski criticized -gives Hollywood celebs virtual veto power over any satire representations of them in commercial messages |
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Definition
| Oct 2005 - an underaged person at a bar in Lawrence, Mass. was stabbed. *held a "show cause" hearing to decide if the state should prosecute or arrest the bar owner. *very dif. from trials. *a clerk-magistrate presides over hearing (doesn't have to be a lawyer) purpose: to weed out minor cases from full-blown criminal justice sysytem, to use counseling/threats to bring about informal settlements - not open to press/public cause would make settlements less likely |
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Term
| electronic communication privacy act |
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Definition
| *when dealing with recorded conversations *3rd party monitoring A listens to convo between B & C *participant monitoring A records her own convo with B *ECPA criminalizes 3rd party monitoring *can publish it if it is of public concern |
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