JOUR 303 Attendance

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In its decision in New York Times v. Sullivan, the U.S. Supreme Court created and applied the "actual malice" standard. The court defined "actual malice" as

Knowledge that a statement was untrue, or reckless disregard for whether the statement was true or false

A reporter getting herself committed to a mental hospital to report on conditions there Is it legal? Is it ethical?

Legal and ethical

Accompanying police on patrol, filming their activities and interactions with the public Is it legal? Is it ethical?

Legal and ethical

Flying a drone to take a picture of a closed political fundraiser at a estate home Is it legal? Is it ethical?

Legal and ethical

Operating a fake business to catach corrupt officials Is it legal? Is it ethical?

Legal and ethical

Posing as professionals to uncover seminars teaching corrupt practices Is it legal? Is it ethical?

Legal and ethical

Take photos of police on patrol in a public park Is it legal? Is it ethical?

Legal and ethical

Take photos of a celebrity's children walking to school Is it legal? Is it ethical?

Legal but not ethical

Reporters using hidden cameras Is it legal? Is it ethical?

Legal unless there is reasonable expectation of privacy Ethical

Should records of gun license holders be disclosed?

Maybe States statutes on this issue vary. Many states restricted access after a New York newspaper published a map of licensed gun owners

Should police body cam videos be disclosed?

Maybe States' statutes on this issue vary

Should military weapon specifications be disclosed?

No Likely exempt under FOIA exemption 1

Should a government employee's personnel file be disclosed?

No Likely exempt under FOIA exemption 6

Should map of a city's sewer system be disclosed?

No Likely exempt under the Critical Infrastructure Information Act

Should the log of visitors to the President be disclosed?

No Not subject to FOIA, and under the Presidential Records Act access may be delayed

Should the NAACP in NAACP v. Alabama ex. Rel. Patterson voluntarily disclose its confidential information without going to court?

No, Supreme Court held that disclosure is not required

Should the Socialist Workers Party in Brown v. Socialist Workers '74 Campaign Committee (Ohio) voluntarily disclose its confidential information without going to court?

No, Supreme Court held that disclosure is not required

The free speech and free press provisions of the First Amendment of the US Constitution apply to actions of al of the following EXCEPT

International Organizations

Under the British common law definition of libel as defined by William Blackstone, if a statement that hurt someone's reputation was actually true

It was a more serious crime

Should Yelp in Yelp v. Hadeed Carpet Cleaning voluntarily disclose its confidential information without going to court?

No, Virginia court held that disclosure is not required

The U.S. Supreme Court's deicsion in Near v. Minnesota was an early ruling for the idea that

Offensive language is protected by the First Amendment

Which of the following is likely to be a clear violation of the 1917 Sedition Act?

Telling war draftees to be conscientious objectors

Which of the following likely presents a threat of "imminent lawless action"?

A speech from the steps of the state capitol building to a boisterous crowd, ending with, "The GOvernor's in there. Let's go get him!"

First Amendment advocates see leak investigations and prosecutions as threats to freedom of the press because

All of the above -They may inhibit the press from uncovering government impropriety -They are expensive to litigate -They may expose the identities of confidential sources

Government restrictions on speech in a particular physical location must

Allow alternative means of conveying the message

Taxes and other regulations on the media must

Apply equally to media regardless of their content

Which of the following likely presents a "dangerous tendency"?

Calling for the overthrow of the government

Aside from possible prosecution under the Espionage Act, government and military employees and contractors are likely subject to court proceedings under

Contracts they signed upon employment

Which of the following was likely to be a clear violation of the 1789 Sedition Act?

Criticizing the president of the United States

Which of the following IS NOT a constitutionally acceptable way to react to a Supreme Court ruling with which you disagree

Denounce the court and ignore the ruling

Texas v. Johnson 491 U.S. 397 (1989)

Facts: Gregory Lee Johnson burned an American flag in front of Dallas City Hall, protesting the 1984 Republican convention. The flag had been stolen Procedural History: Johnson was convicted under a Texas law banning flag - burning. His conviction was overturned by the Court of Appeals, but reinstated by the Texas Court of Criminal appeals Legal Issue: Is burning the flag in political protest protected by the First Amendment? Decision: Five-member majority said it is. Law is content-based restriction that does not serve a compelling state interest Concurrences/Dissents: four justices said that the government may protect the flag as a national symbol Legal Rule: burning the flag as a form of political protest is protected by the First Amendment, and cannot be prosecuted as a crime

The constitutional requirement that statutes not be so vague that they are impossible to understand is required by the

Fourteenth Amendment

Reporters paying for confidential information Is it legal? Is it ethical?

Generally OK legally, but depends on the nature of the information (e.g. not classified information) Not ethical

In Elonis v. U.S., the Supreme Court reversed Elonis's conviction for his Facebook posts threatening his ex-wife and others on the grounds that

His posts were not made with any intent to carry them out

For which of the following is a subpoena required?

Police recording a suspect's cell phone calls, police attaching a tracking device to someone's car, policing accessing searching the cell phone of someone they've arrested

Which of the following is NOT clearly illegal for a reported to do?

Post online recordings of someone's voicemail that the reporter gets from a source

City councilwoman's son is gay

Private Concern

President of big local company in (personal) financial trouble

Private Concern

USC professor's vote for president

Private Concern

USC student's social media posts

Private Concern

Average USC Student

Private Figure

Criminal defense lawyer

Private Figure

Local construction company

Private Figure

Manager of Bi-Lo Supermarket

Private Figure

USC Media Law Professor

Private Figure

Depictions of violence

Protected

Big local company in financial trouble

Public Concern

City councilwoman is gay

Public Concern

City councilwoman's DWI arrest

Public Concern

Local resident's DWI arrest

Public Concern

USC Budget

Public Concern

Union picketing of a local business

Public Concern

Candidate for US President

Public Figure

Columbia city police chief

Public Figure

Governor of SC

Public Figure

President of the US

Public Figure

USC football coach

Public Figure

In which of the following locations would someone likely NOT have a reasonable expectation of privacy?

Public sidewalk & movie theater

The primary rationale of the Supreme Court's decision in favor of The New York Times and the Washington Post in New York Times v. U.S. was that

Releasing the historical information in the Pentagon Papers would not undermine the war effort

Which of the following would be likely to lead to "private facts" concerns?

Revealing that a closeted lesbian is gay & a sports website discussing a surfer's embarrassing personal life

Unfounded accusations that politicians are corrupt

Should NOT be protected

Anti-semitic statements

Should be protected

Racist statements

Should be protected

Statements invoking negative stereotypes of a particular group

Should be protected

Protests at military funerals

Should be protected as long as they don't directly disrupt

Profanity ("dirty words")

Should be protected except on TV/radio during the day

Cross burning with property owner's permission

Should be protected unless meant to intimidate

Which of the following is NOT a constitutional rationale for open courts under the Sixth Amendment?

So the media can report on trials

Which of the following is NOT a requirement for a successful "false light" claim

Statement must be about a public figure

"I know you are an ax murderer"

Statement of Fact

"I think you are a crook"

Statement of Fact

"I think you stole my wallet"

Statement of Fact

"I wish you weren't an ax murderer"

Statement of Fact

"People say you cheat on your taxes"

Statement of Fact

"You stole my wallet"

Statement of Fact

"I hate you"

Statement of Opinion

"I think you're an idiot"

Statement of Opinion

"We all think you're an idiot"

Statement of Opinion

"You're an idiot"

Statement of Opinion

The Supreme Court majority held that the "actual malice" standard applied in New York Times v. Sullivan because

Sullivan was an elected public official

Falsifying a resume to get a job to report on public safety problems Is it legal? Is it ethical?

Technically not legal but damage may be outweighed by public interest Ethical

In addition to possible "private facts" claims, medical personnel and organizations that release a patient's medical information can also be subject to claims under

The Health Insurance Portability and Accountability Act (HIPAA)

In Time v. Hill, the Supreme Court ruled for Life magazine primarily because

The Hills had not shown that the magazine had acted with actual malice

L.B.Sullivan was not named in the "heed Their Rising Voices" ad that led to the New York Times v. Sullivan case. But he argued that he was nevertheless libeled in the ad because

The ad made false statements about the police department which he oversaw

Which of the following is NOT a constitutionally valid reason for a court to restrict press coverage of a case?

The judge likes to keep a low profile

In the legal citation of "Texas v. Johnson, 491 U.S. 397, 404 (1898), what does the number 397 indicate?

The page number of the case reported where the court decision begins

In U.S. v. O'Brien, the Supreme Court upheld O'Brien's conviction for burning his draft card on the grounds that

The purpose of the law against burning draft cards was to support the government's war effort, not to limit speech

A primary reason why the U.S. Supreme Court upheld prosecutions under the 1917 Sedition Act was

The speech could undermine the war effort

The government's primary argument for stopping publication of the Pentagon Papers was that

They contained information that would undermine the war effort

The original stated justification for secrecy of FISA Court proceedings was

To keep intelligence investigations and sources secret

Which of the following would likely NOT be the basis for a misappropriation / right of publicity claim?

Unauthorized use of competitor's trademark to advertise a product

The John Peter Zenger sedition case in 1734

Was a political victory but did not set a legal precedent that had to be followed in subsequent cases

In light of Tinker v. Des Moines School District and later cases, schools may punish student's speech

When it is disruptive to the educational purpose

Should presidential candidate's tax returns be disclosed?

Yes Disclosure by IRS would violate Privacy Act

Should birth certificates be disclosed?

Yes Generally available

Should mugshots of people when they are arrested be disclosed?

Yes Generally available

Should voter registration records be disclosed?

Yes Generally available (not how someone voted)

Should Josh Wolf in In re Grand Jury Subpoena, Joshua Wolf voluntarily disclose its confidential information without going to court?

Yes, Federal court held that disclosure was required

Should the Gay Marriage Referendum opponents in John Doe No. 1 v. Reed voluntarily disclose its confidential information without going to court?

Yes, Supreme Court held that disclosure is not required

Should the reporters (including Earl Caldwell) in Branzburg v. Hayes voluntarily disclose its confidential information without going to court?

Yes, Supreme Court held that disclosure is not required


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