One week of notes Bunker MC401
One week of notes Bunker MC401 MC 401
Popular in Law and Regulation
verified elite notetaker
Popular in Journalism and Mass Communications
verified elite notetaker
This 3 page Class Notes was uploaded by Meagan Mowery on Sunday March 20, 2016. The Class Notes belongs to MC 401 at University of Alabama - Tuscaloosa taught by Bunker in Summer 2015. Since its upload, it has received 37 views. For similar materials see Law and Regulation in Journalism and Mass Communications at University of Alabama - Tuscaloosa.
Reviews for One week of notes Bunker MC401
Killer notes! I'm stoked I can finally just pay attention in class!!!
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 03/20/16
Mowery 1 2/9/2016 Prior Restraints Prior Restraint Law Stops speech before it can be uttered/disseminated Generally anathema in our legal tradition Landmark case is Near v. Minnesota (1931) Supreme Court Struck down prior restraint again Jay Near Near v. Minn. Exceptions: National Security Speech Encouraging violent overthrow of gov’t Obscenity What kind of judicial talk are these exceptions? Dicta: Not officially apart of our law. Pentagon Papers case New York Times vs. U.S. (1971) Prior restraint issued against publication of Pentagon Papers Struck Down by Supremes Takeaway: Gov’t has “heavy burden” to justify a prior restraint- not met here. Defamation A false communication that exposes a person to hatred, ridicule, or contempt, or lowers him/her in the eyes of other. Typically a civil case. Interest is in protection reputation. Reputation is gone when you die. Two types of defamation Libel Slander Where does broadcasting fit? Libel Danger Areas Extreme political beliefs Mental Illness Professional ethics/competence- including corporations Loathsome disease Unchastity- anachronistic, but… Mowery 2 The Most Dangerous Area? Accusing someone of a crime “Allegedly” doesn’t help… -- why not? “I didn’t say someone else said it” Doctrine of Republication – except sec. 230. (Big exception, on the internet) If you repeat a libel, that’s a libel. You own that statement now. 2/11/2016 How should I retract? • Advantages ◦ 1. Rehabilitative effect ▪ When you say “ I didn’t really mean …” it could help the affected person’s reputation ◦ 2. Retraction statute in some states (ex Alabama) • Disadvantages Elements of Libel 5 Elements of Proving Libel • 1. Publication ◦ Statement must be communicated to “one other person” • 2. Identification ◦ Statement must be “of and concerning” the plaintiff ◦ Many ways other than actually naming the plaintiff ▪ images, drawings ◦ Problem of group libel ▪ Does a statement about a group allow individual members to sue? ▪ Depends on size of group > 100 probably not able to identify a person in a big group 2075 maybe, depending on phrasing 15 or fewer very dangerous ◦ Famous Group Libel case :USA Confidential Mowery 3 ▪ “Some” models are Neiman Marcus are prostitutes 9 Models, small group so yes can sue ▪ “Most” salesmen at NM are gay 25 salesmen, small group again • 3. Defamation ◦ Consider broader societal consensus rather than your professional peers ◦ Consider generational issues ex pimp case ▪ “Evil Knievel proves you’re never too old to be a pimp” • 4. Fault ◦ Fault Standard heavily influence by landmark case of New York Times v. Sullivan (1964) ◦ “Heed Their Rising Voices” Trial court awarded Sullivan $500K
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'