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Federal Freedom of Information Act
Adopted by Congress in 1966. Governs access to federal records. Provides in general that records of the federal government be made available for public inspection. Applies to regulatory agencies (FTC, FCC), n/a to the president & staff
Intentional Infliction of Emotional Distress
Conduct that is so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Intentional or reckless conductExtreme or outrageousness Extreme or outrageousness Actual malice—public figure pltiffActual malice—public figure pltiffPltiff severe emotional distressPltiff severe emotional distressArmstrong v. H & C Communications (WESH-TV)
A woman is walking down a public sidewalk eating a muffin. A photographer takes her photograph with her permission to use in a collage of events around Tampa. She later sees the picture in an advertisement for Tampa Muffins under the words—"So satisfying—Tampa Muffins." The woman would have a good case for
False Light
How does the action of false light differ from libel? How does the action of false light differ from public disclosure of private facts?
False light is when highly offensive, false publicity is disseminated with knowledge of or reckless disregard for the falsity. Unlike libel, it does not have to be defamatory. False light and public disclosure of private facts share many similarities, but private facts are true or may hold an element of truth while false light facts are false.
Cohen vs Cowles
Cohen offered info to reporter, promised confidentiality, editor overruled and published Cohen's name, Cohen sued for breach of contract, promissory estoppel does not violate 1st am, S.C. ruled in favor of Cohen
Cohen v. Cowles Media
Cohen v. Cowles Media Co. (Breach of contract).-Cohen wins $700,000 (compensatory and punitive damages) jury verdict.•Minn Ct. of Appeal (Breach of contract)-Cohen's $200,000 compensatory award aff'd.-Cohen's $500,000 compensatory award rev'd. •Minn. Sup. Ct. - Breach of K and Promissory Estoppel.•Cohen's $200,000 award reversed.•Court: Elements of a contract are met, but it's not that simple.
Advisory Bodies
Community advisory committees; Architectural review committees of a homeowners' association;A public hospital advisory board; A criminal justice commission created by county ordinance to make recommendations about criminal justice issues;A municipal planning commission;A committee appointed by a mayor to recommend legislation, andAn ad hoc committee appointed to investigate charges against a local police chief.
Punishment for Criminal Contempt
FinedImprisoned (up to 6 months w/out jury trial)BothPurpose of punishment is to vindicate the dignity of the court.
Rationale for Access to Information
First Amendment Theory,Thomas Jefferson, Alexander Meiklejohn, Thomas Emerson
public disclosure defenses
First Amendment.Public significancePublic significanceBJF v. Florida StarBJF v. Florida StarLawfully ObtainedLawfully ObtainedCox Broadcasting v. CohnCox Broadcasting v. CohnPublic RecordPublic RecordSipple/DiazSipple/DiazPassage of TimePassage of TimeSidis case
A major defense to a suite against the news media for public disclosure to private facts
First Ammendment
Pell v. Procunier (1984)
Reporters can't get information that isn't available to the average citizen. Prisoners aren't available for some reporters.
The definition of an impartial juror under the law is one who
may have heard things about the case but has an open mind.
Is there a federal shield law?
no
Media & Judiciary
THE PROBLEM:First Amendment: Free PressSixth Amendment: Trial by an Impartial JuryCompeting Constitutional Rights:Free Press v. Fair Trial Jury bias:Oliver Wendell Holmes: "...conclusions to be reached in a case will be induced only by evidence and argument in open court, and not by outside influence, whether by private talk or public print." Pretrial Publicity Murphy v. Florida (1975)Jurors should be unbiasedThey may be familiar with some of the facts of the case, not totally ignorant.They must not have a predisposition against the defendant.They must cast aside any preconceived ideas and decide the case on the evidence
Activities
Telephone conference calls;Deliberations of a regional planning council;Public board or commission meetings discussing personnel matters;Meetings to discuss confidential material;Workshop or conference sessions;Lunch meetings prior to formal meetings;Selection and screening committees;Purchasing or bid evaluation committees, and Negotiations by a public board or commission for the sale or purchase of property.
emotional distress
Two TypesIntentional Infliction Intentional Infliction Negligent Infliction
Contempt of Court
Two types:1. Criminal Contempt: acts done in disrespect of the court or its process or which obstruct the administration of justice.2. Civil Contempt: a failure to do something which the party is ordered to do by the court.
Subsequent Punishment
Unconstitutional EXCEPT WHERE:1. compelling state interest or2. an extremely serious and imminent threat to the administration of justice.
10. What is a Continuance?
When the trial is postponed or rescheduled for a different date.
Who can request access to Florida government records?
any person
In Pell v. Procunier the Supreme Court held
authorities have a right to limit access to prisons.
If the journalist's claim in court of a privilege is denied, and he/she insists on keeping the name of the confidential source a secret, he/she will probably
go to jail for contempt of court.
Florida Sunshine Laws
Constitutional AmendmentArticle 1(24)Includes:Agencies of executive, legislature and Agencies of executive, legislature and judiciary Legislature can only pass exemptions if:Legislature can only pass exemptions if: public necessity. public necessity.No broader than necessary.No broader than necessary.2/3 majority
other open meetings gov bodies
County and city commissions; School boards; Planning and zoning boards; Appointed boards or commissions; Civil service boards; Regulatory boards, eg. the Department of Professional Regulation. University committees searching for presidents or deans; Private organizations providing services to public agencies, and economic development boards.
when a journalist is subpoenaed but does not wish to testify he can
accept it and challenge it on a motion to quash
a key element in all cases involving intentional infliction of emotional distress is
actual malice
Protesting Court Closures
"Your honor, I am (name), a reporter for the (newspaper). I respectfully request the opportunity to register on the I respectfully request the opportunity to register on the record an objection to the motion to close this record an objection to the motion to close this proceeding to the public, including the press. Our legal proceeding to the public, including the press. Our legal counsel has advised us that standards set forth in recent counsel has advised us that standards set forth in recent state and federal court decisions give us the opportunity state and federal court decisions give us the opportunity for a hearing before the courtroom is closed. for a hearing before the courtroom is closed. Accordingly, I respectfully request such a hearing and a Accordingly, I respectfully request such a hearing and a brief continuance so our counsel can be present to make brief continuance so our counsel can be present to make the appropriate arguments. Thank you.
Branzburg v. Hayes
(1972) Ruled against a special First Amendment privilege that would allow the press to refuse to answer grand jury questions concerning news sources. Leaves open the possibility for states to offer protection for journalists through constitutions or legislative process
Hustler Magazine v. Falwell
(Ad parody - not reasonably believable)
Cameras in Courtrooms - States
1. 50 states allow television coverage on either a permanent or experimental basis.2. District of Columbia = exception
Remedies to lessen the impact of pretrial publicity:
1. Change of venue 2. Change of venire 3. Continuance 4. Severance 5. Voir Dire; Challenge for Cause\ePeremptory ChallengeChallenge to the Array 6. Sequestration 7. Judicial Admonition 8. New Trial
Pretrial publicity that may be prejudicial:
1. Confessions 2. Prior Criminal Records 3. Results of police/investigator tests 4. Character flaws or lifestyle 5. Potential witnesses, testimony or other evidence 6. Speculation by officials.
Arguments against cameras
1. Pretrial hearings can prejudice potential jurors, exposing them to evidence that may not be admitted in trial.2. Witnesses for the defendant may not want to be photographed.3. Increase defendant's nervousness which may create an appearance of deception.
Arguments favoring cameras:
1. Strengthen public understanding and public confidence in the judicial system.2. Allow the public to judge for themselves whether justice was done.3. Keep the public informed for purposes of self government.
Braun v. Soldier of Fortune Magazine
11th U.S. Circuit Court of Appeals:Court upheld $4.3 million jury verdict for Court upheld $4.3 million jury verdict for wrongful death against the magazine. Court Held:Publishers may be held liable for negligence for injuries caused by their ads only if it is clear from looking at the ad that there is a substantial danger of harm to the public.
How many states have shield laws
49, wyoming does not have a shield law.
Zurcher v. Stanford Daily
A 1978 Supreme Court decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press.
9. What is a Voir Dire and what challenges are available?
A Voire Dire is the process of selecting jurors in a trial; determining if they are fit to serve based on their backgrounds. The three challenges that can be made are the challenge for cause, peremptory challenge, and challenge to the array.
Which of the following is true?
A person guilty of contempt can be sent to jail for an unspecified amount of time.
6. What is criminal contempt?
Acts done in disrespect of the court or its process, or which obstruct the administration of justice.
Richmond Newspapers, Inc. v. Virginia
After a series of mistrials in a murder case in the state of Virginia, a trial judge closed the trial to the public and the media. Defense counsel brought the closure motion; the prosecution did not object. Two reporters of Richmond Newspapers, Inc. challenged the judge's action. Supreme Court held that right to attend criminal trials was "implicit in the guarantees of the First Amendment." Court held that 1st Amendment encompassed not only the right to speak but also the freedom to listen and to receive information and ideas. The Court also noted that the First Amendment guaranteed the right of assembly in public places such as courthouses. The Court emphasized that "certain unarticulated rights" were implicit in enumerated guarantees and were often "indispensable to the enjoyment of rights explicitly defined."
Florida open meetings
All Meetings of legislature open and noticed.Informal 3 or more members (even over lunch or a drink).State county and municipal gov'tal bodiesPublic boards, commissions & agencies under government dominion.Private bodies with delegated authority to make gov'tal decisions.
What is Invasion of privacy?
An invasion of privacy is considered a violation of one's right to be left alone if one chooses.
What are the four types of invasion of privacy?
Appropriation, Public Disclosure, Portrayal in a False Light
Nebraska Press Assoc. v. Stuart
Before using prior restraint, the trial judge must consider 3 things
Protection of News Sources cont
Branzburg v. Hayes•No 1st Amendment privilege for journalists when subpoenaed to testify before a grand jury.•Leaves open the possibility for states to offer protection for journalists through constitutions or legislative process. •Dissenting Opinion•3-part test:•When calling a reporter to appear before a grand jury to reveal confidences, the government must: •3-part test:•1. Show that there is probable cause to believe that the newspaper has information that is clearly relevant to a specific probable violation of law.•2. Demonstrate a compelling and overriding interest in information.•3. Demonstrating that the information sought cannot be obtained by alternate means less destructive of First Amendment rights.
Before the Cohen v. Cowles case,
Breaching a confidence with a news source was merely an ethical violation and not considered a legal problem
Cameras in the Courtroom - Federal
Cameras were used in federal courts on an experimental basis in the early '90s, but they are still banned in most federal courts.Federal Conference - allows each circuit to Federal Conference - allows each circuit to decide
Negligent Infliction of Emotional Distress
Duty of careNegligently breached dutyCaused pltiff severe emotional distressBreach was proximate cause of pltiff's distressHyde v. Missouri (state appellate court case; assault victim able to recover based on negligence.)
Nine Exemptions to Act
Exemptions do not require withholding; they permit it: 1. National security 2. Agency rules and practices 3. Specific statutory exemptions 4. Confidential business information. 5. Internal Memoranda. 6. Personnel or Medical Files. (U.S. D.O.J. v. Reporters Cmttee for Freedom U.S. D.O.J. v. Reporters Cmttee for Freedom of the Press) 7. Law enforcement investigations. 8. Banking reports. 9. Information about oil and gas wells.
In which case did the U.S. Supreme Court rule that the FCC could regulate indecency without violating the First Amendment?
FCC v. Pacifica Foundation.
7. Which group are gag orders least successful against? Lawyers, witnesses, court employees, media, law enforcement?
Gag orders are least effective on the media.
Gentile v. Bar Association
In Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991), the Supreme Court struck down Nevada's judicially imposed limits on attorney speech as too vague while also upholding the constitutionality of some restrictions on attorney speech.
8. What are the two situations in which a peremptory challenge will not be allowed?
In decisions based on race or gender
Armstrong v. H&C Communications
Intentional Infliction Conduct that is so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.
How does intentional infliction of emotional distress differ from negligent infliction of emotional distress?
Intentional infliction of emotional distress is comprised of intentional or reckless conduct, extremeness or outrageousness, actual malice (for a public figure plaintiff), and the plaintiff retains severe emotional distress. Negligent infliction of emotional distress, however, is negligence in general. It may cause harm, such as physical harm or economic harm but does not include severe elements of intentional infliction.
Access to Courtrooms
Jury selection processes ordinarily are open, EXCEPT whereThere is an overriding interest (such as fair trial or privacy) that must be protected.Press Enterprise Co. v. Riverside County Press Enterprise Co. v. Riverside County Court Court (Press Enterprise I) (Press Enterprise I) (1986) Pretrial hearings --- presumed to be open. Closed only when there are:Overriding interest;Overriding interest;That can't be protected by alternatives;That can't be protected by alternatives;Narrowly restrict closure;Narrowly restrict closure;closure is only as long as necessary.closure is only as long as necessary.Press Enterprise II If you are covering a trial and you are asked by the court to leave, what do you do?Three things:1. Object to the closure of the proceeding.1. Object to the closure of the proceeding.2. Request a hearing at which legal counsel 2. Request a hearing at which legal counsel can present arguments on issue of closure.can present arguments on issue of closure.3. Request adjournment or continuance.
Press Enterprise I
Jury selections are open except when there is an overriding interest.
Exempt Docs
Medical, birth and adoption records;Autopsy photographs, and video and audio recordings of an autopsy;Social Security numbers contained in official public records;Nursing home adverse incident reports, and risk-management records and meetings; Personal identifying and financial information contained in the Department of Health's records;Investigative and criminal intelligence records of law enforcement agencies that are related to active investigations;Law enforcement records identifying sexual abuse victims or confidential informants; Home addresses and phone numbers of Department of Children & Family Services investigators, law enforcement officers, state attorneys, judges, firefighters, code enforcement officers, human resource officers, guardians ad litem and lottery winners;Student educational records;Reports of diseases of "public health significance" to the state; Department of Children & Family Services;Information "necessary to secure the integrity" of the lottery;Negotiation records of purchases of real property by state and local agencies, such as appraisals, offers and counteroffers, until a deal is final or will be considered within 30 days;Most tax information filed with the Department of Revenue; Exempt Docs Security system plans, including building plans, blueprints, schematic drawings and diagrams depicting the internal layout andstructural elements of any state owned or operated building, arena, stadium, water treatment facility or other structure, andDriver license and motor vehicle records unless driver consents to disclosure.Juvenile offender records generally
Requirements for public bodies
Meet in public when discussing public business. provide reasonable prior notice of their meetings.Keep minutes of meetings open for public inspection.
Exempt
Meetings between city councils and city attorneys discussing pending litigation involving the city;Advisory committees involved solely in fact-finding activities;Proceedings of peer review panels, committees and governing bodies of public hospitals or surgical centers relating to disciplinary actions; Certain meetings of Judicial Nominating Commissions and Judicial Qualifications Commissions;Certain meetings of the State Lottery Commission;Strategy discussions between a governmental body and its chief executive officer prior to collective bargaining negotiations, andGrand jury proceedings.
Negligence
Negligence Negligence in general. Generally NO liability for the media in negligence suits. Examples:Physical Harm: Person in the audience is Physical Harm: Person in the audience is harmed as a result of the program or article.harmed as a result of the program or article.Economic Harm: Trading securities based Economic Harm: Trading securities based on incorrect information in the newspaper.on incorrect information in the newspaper.But see Braun v. Soldier of Fortune See also Jenny Jones case.$29 million verdict against Jones for negligence. (1997)Reversed (2002) by the Michigan Court of Appeals.
What is negligence and in what circumstance would media defendants be liable for persons who take actions pursuant to information published by them?
Negligence is when people act negligently if they breach a duty of care owed to another person. There is no liability for the media in negligence suits, except for in one case determined by the court in reference to Braun v. Soldier of Fortune Magazine. Publishers may be held liable for negligence for injuries caused by their ads only if it is clear from looking at the ad that there is a substantial danger of harm to the public.
access to the goverment
No 1st Amendment right of access equal to the right to speak and publish. 1. 1st Amendment doesn't guarantee public or press right to obtain info. 2. Journalists have no greater access to information than public. 3. Public's need for access to info. Will be balanced against conflicting social needs Pell v. ProcunierPell v. Procunier (1984)
Criminal Contempt
Person could be: charged with a "contempt" crime under state statute; or summarily held in contempt by the judge.
Punishment for Civil Contempt
Person ordered into custody;Fined progressively;Or Both.Punishment remains in effect until the contempt is purged through compliance.The object of the punishment is compliance with the order.
portrayal in false light
Portrayal in a False Light Disseminating highly offensive false publicity about someone with knowledge of, or with reckless disregard for, the falsity.Close kinship to libel, but not the same as libel. Not defamatory. Elements:PublicationIdentificationFalse/created false impressionHighly OffensiveDeft. knew it was false or recklessly disregarded its falsity (Actual Malice) 3 Categories Highly Offensive:EmbellishmentDistortion FictionalizationCantrell v. Forest City Publishing Co.Cantrell v. Forest City Publishing Co.Time Inc. v. Hill. Defenses: same as libel:
Press Enterprise II
Pretrial hearing- to determine probable cause -A CA nurse murdered 12 people by lidocane -Judge closed pretrial hearing because so much publicity --Defendant must provide specific evidence that an open court room would prevent a *substantial probability of endangering their right to a fair trial. -Judges must consider whether alternatives to closure could protect defendants' rights. -Closure must be as short as necessary to ensure fair trial.
Prior Restraints
Prior restraints (gag orders) on publication to protect fair trial rights are unconstitutional.Nebraska Press Association v. StuartBefore issuing a prior restraint, trial judge Before issuing a prior restraint, trial judge must consider 3 things. 1. The nature and extent of pretrial news coverage. 2. Alternative measures to protect 6thAmendment rights. 3. Whether a prior restraint order would be effective.
Protection acts
Privacy Act 1974Family Educational Rights and Privacy Act (Buckley Amendment)Driver's Privacy Protection Act
Protection of News Sources contd
Privacy Protection Act of 1980•2 categories of protected material:•1. Work products—•Includes materials whose purpose is to convey information to the public.-Example: reporter's notes, undeveloped film. 2. Documentary materials -•materials upon which information is formally recorded.-Example: govt. reports and manuscripts•Government must use a subpoena to get either work products or documentary materials.•Exceptions... Exceptions...•Work Products Exception:-1. Where there is P.C. to believe the person who has the materials committed a crime related to them.-2. Where the immediate seizure is necessary to prevent death or serious harm to a person. Exceptions...•Documentary Materials Exception:-1. Where there is reason to believe that the notice associated with gaining a subpoena would result in destruction, alteration, or concealment of such materials. 2. Where the materials have not been provided in response to a court order to comply with a subpoena, and all other legal remedies have been exhausted, and further delay would threaten the interests of justice.
Intrusion - Public places
Private Places:Private Places:Bugging and wiretapping (3rd party Bugging and wiretapping (3rd party recording) illegal for journalists.recording) illegal for journalists.Participant recording (1 party knows). Participant recording (1 party knows). Allowed in more than 40 states; illegal in Allowed in more than 40 states; illegal in Florida. Florida. Secret recording in one's place of Secret recording in one's place of business. Law is unclear.business. Law is unclear.See Dietemann v. Time Inc.See Dietemann v. Time Inc.McCall v. Louisville Courier Journal Trespass: Entering private property or inviting someone to go on private property inviting someone to go on private property without consent of the owner or possessor without consent of the owner or possessor of the property.of the property.Florida Publishing Co. v. Fletcher Florida Publishing Co. v. Fletcher Food Lion v. Capital Cities ABC Defenses:ConsentFalse Pretenses
Florida Shield Law
Professional Journalist:-Paid employee OR Independent Contractor-Newspaper, news journal, news agency, wire service, radio or tv news station;-Gain or livelihood?•Privilege:-Within scope of employment-Eyewitness observations excluded•Disclosure:-Not more that necessary
Public Disclosure
Public DisclosurePublic Disclosure of Private Facts A publication that:A publication that:would be highly offensive to a reasonable would be highly offensive to a reasonable person.person.Is not of legitimate concern to the publicIs not of legitimate concern to the publicBarber v. Time Inc. Elements: PublicityPublicityIntimate FactsIntimate FactsLegitimate Public Concern
In what ways does the First Amendment protection for freedom of the press conflict with the Sixth Amendment protection for a fair trial?
Reporting can sometimes conflict with others' right to a fair trial. The first amendment allows for freedom of the press, while the sixth amendment details trial by an impartial jury. If reporting releases details to a juror that may sway their decision, a conflict arises.
Controlling Pretrial Publicity
Restraints on News Sources:Restraints on News Sources:Restraining orders prohibiting witnesses, Restraining orders prohibiting witnesses, lawyers and police from making statements lawyers and police from making statements about the case.about the case.Gentile v. State Bar of Nevada Gentile v. State Bar of Nevada (1991)(1991)These court orders are upheld if:These court orders are upheld if:A) the judge has considered alternatives, andA) the judge has considered alternatives, andB) the order is not broader than necessary to protect B) the order is not broader than necessary to protect the rights of the defendant. Restraints on News Media:1. Prior Restraints (gag orders)2. Subsequent Punishment3. Closing Access to Courtrooms
which is not true of the Buckley amendment
Schools can release grades and class rank of students 18 and over
Sheppard v. Maxwell
Sheppard was jailed for murdering his wife, but the ruling was overturned after the supreme court decided he did not have his right to a fair trial due to the immense publicity. Led to establishment of Restrictive Orders. 6th amendment guarantees fair trial.
Public Records (FL)
Stat:"all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software or other material, regardless of the physical form, characteristics, or means of transmission," made or received in connection with government agency business. Fl Sup. Ct: encompass all materialprepared to "perpetuate, communicate or formalize knowledge." Computer records;E-mail messages made or received in connection with official business;Most portions of arrest and crime reports;Most personnel records of government employees, including applications for state or local employment;Agency documents circulated for review, comment or information; Private company records connected with governmental services where private business acts on behalf of government;Salaries and expense reports of most government employees;Written communications between a government agency and its attorney, except information prepared for a pending suit; Court orders or judgments dealing with public hazard;Tape recordings of incoming calls to a public agency, andCounty and municipal budgets.
Media & Judiciary - History
State v. Hauptmann (1935)American Bar Association (1937) - Bar cameras in courtroomEstesv. Texas (1965)Chandler v. Florida (1981)
Protection of News Sources
The Problem•Journalists sometimes gather information that others (court litigants and law enforcement officials) want.•Sometimes the information can be obtained from other sources, sometimes not.•Those who need the information for litigation or law enforcement will often issue a subpoena to the journalist •Two types of subpoenas:•subpoena ad testificandum•subpoena duces tecum The subpoena is usually turned over to the supervisor for a decision on whether to testify (and produce documents and other requested materials) or challenge the subpoena.•Usually when a subpoena is challenged, it is done on the basis of a privilege Privilege can be:•1. Common law privilege•2. Constitutional privilege (state or federal)•3. Statutory privilege It is argued that journalists need a privilege of confidentiality with their sources with respect to the identity and sometimes the information itself. Those who challenge the subpoena can do so on a Motion to Quash the subpoena•In deciding the motion, the court considers:•1. Relevance•2. Need for the information or documents•3. Alternative sources... And sometimes...•4. Effect on the administration of justice •If granted, then no need for the journalist to testify. If denied, journalist can appeal.•When appeals fail, journalist must testify or risk a contempt citation. Failure to comply, therefore leads to jail.
Time Inc. v. Hill
The Supreme Court held that all false light plaintiffs- not just public officials and public figures, as in libel actions- must prove actual malice if involved in matters of public concern. Three escaped convicts entered into the home of James Hill and held his family hostage for the day. Arguing that Life used the familys name and experience for trade purpose, the Hills sued for invasion of privacy.
Which of the following statements is not true?
The constitutional provision related to intrusion is the 6th Amendment.
What are the elements of false light? What defenses are available to a media defendant in an action for false light?
The elements of false light include publication, identification, false/created false impression, highly offensive, and a defendant that knew it was false or recklessly disregarded its falsity (actual malice). The defenses available to a media defendant in an action for false light are the same as libel. Any defense available for Libel can be used for false light
What are the elements of intrusion? What defenses are available to a media defendant in an action for intrusion?
The elements of intrusion are the Fourth Amendment, Tort Law (privacy), Harassment and Assault. invasive news gathering, intentionally interfering in a person's solitude, entering someone's house without permission, or tracking their location. There are two defenses available, including consent and false pretenses.
What are the elements of public disclosure of private facts? What defenses are available to a media defendant in an action for public disclosure?
The elements of public disclosure of private facts are publicity, intimate facts, and legitimate public concern. The defense available is The First Amendment. It protects the publication of truthful information of public significance that is lawfully obtained from the public records and passage of time.
What is the meaning of the tort action of emotional distress?
The tort action of emotional distress refers to conduct that is so outrageous in character and extreme in the degree that it transcends all possibly bounds of decency. It is atrocious and intolerable. It intends to cause severe emotional distress or harm.
3. How many challenges are there for cause in jury selection?
There are six challenges for cause in jury selection: confessions, prior criminal records, results of police/investigator tests, character flaws or lifestyle, potential witnesses, testimony or other evidence, and lastly, speculation by officials.
How have judges sought to protect the Sixth Amendment right to a fair trial against prejudicial publicity by the media?
There are two circumstances where the U.S. Supreme court will overturn a conviction because of pretrial publicity only if the court finds identifiable bias in individual jurors, or an extraordinary amount of prejudicial publicity in the media raises a presumption of prejudice.
Richmond Newspapers v. Virginia
There is a constitutional right for the press and public to attend trials.
4. What is a Peremptory challenge?
This challenge is basically the gut-instinct of the lawyer. Cannot be based on race or gender.
Access to Courtrooms
Trials are presumed to be openRichmond Newspapers v. Virginia Richmond Newspapers v. Virginia (1980)(1980)
Protection of news sources
Zurcher v. Stanford Daily 1st Amendment does not protect journalists from 3rd party searches pursuant to a warrant.•Subject to the 4th Amendment warrant requirement.
5. What is civil contempt?
a failure to do something which the party is ordered to do by court.
In Murphy v. Florida the Court held jurors should be unbiased...
but could be familiar with some of the facts of the case, nd must not have a predisposition against the defendant, and must cast aside any preconceived ideas and decide the case based on the evidence in court
Which of the following is not a remedy for pretrial publicity?
change of judge The actual remedies are: continuance, voire dire, change of venue, change of venire
What are the elements of appropriation? What defenses are available to a media defendant in an action for appropriation?
commercialization (the unauthorized commercial use of another's name or likeness) and The Right to Publicity (protect's a person's property right). The defenses available to a media defendant in an action for appropriation are Consent, Implied, and Express, Newsworthiness, The First Amendment, Ads for the Media.
A postponement of a highly publicized criminal trial made in hopes of taking it away from some of the surrounding publicity is known as a
continuance.
The U.S. Supreme Court will overturn a conviction because of pretrial publicity only if:
conviction because of pretrial publicity only if:1. The Court finds 1. The Court finds identifiable bias identifiable bias in individual in individual jurors.jurors.Irvin v. Dowd Irvin v. Dowd (1961)(1961)Cf. Patton v. Yount Cf. Patton v. Yount (1984)(1984)2. An extraordinary amount of prejudicial 2. An extraordinary amount of prejudicial publicity in the media raises a publicity in the media raises a presumption of presumption of prejudice.
in the following case, the US supreme court extended first amendment protection to publication of private information lawfully acquired unless prohibiting publication would further a state's interest of the highest order
cox broadcasting v. cohn
The publication by a newspaper of the legally obtained name of a rape victim
not regarded as an illegal invasion of privacy
The U.S. Supreme Court
permits state courts to allow the presence of cameras during trials.
There is no specific exemption in the federal Freedom of Information Act for
personal finances of candidates for federal office.
Actual malice is only a key in the intentional infliction of emotional distress when it comes to
public officials? A key element is outrageousness of conduct.
The Rev. Jerry Falwell lost his emotional distress suit against Hustler magazine largely because
the ad was an offensive parody, but it involved speech that was protected by the First Amendment.
The main reason for the court's rejection of a journalist privilege in the Branzburg v. Hayes case was
the duty of journalists, like any other citizen, to testify before a grand jury.
Intrusion
the unconsented to violation of one's legally protected physical sphere of privacy. protected physical sphere of privacy. The intrusion may or may not also constitute The intrusion may or may not also constitute the tort of trespass. the tort of trespass. The intrusion itself may not be physical, but The intrusion itself may not be physical, but consist of eavesdropping with telephoto consist of eavesdropping with telephoto lenses or electronic devices in private areas lenses or electronic devices in private areas such as the home or office. 4th Amendment: protects against government searches Tort Law (privacy) protects against intrusions by private citizens. Observing and listening in public places---permissible Harassment and assault-- impermissible
state shield laws for journalists are generally established
to protect reporters from being compelled in a legal proceeding to testify, produce documents, notes, or other recordings made while on the job
Promissory Estoppel
•Promissory Estoppel Defined:-A promise which is expected to induce definite action by the promissee, and does induce the action, is binding if injustice can be avoided only by enforcing the promise. •Requirements for Promissory Estoppel:•1. Was there a clear and definite promise?•2. Did the promisor intend to induce reliance on the promise?•3. Did such reliance occur to the promissee's detriment?•4. Must the promise be enforced to prevent an injustice?
Requirements for a breach of contract
•Requirements for a Breach of Contract:•1. Offer•2. Acceptance•3. Consideration•4. Breach•Ct. says it would be an injustice to enforce the contract/promise under estoppel -- a 1st Amendment violation. U.S. Supreme Court - Promissory Estoppel•No 1st Amendment violation to enforce Minn. state law (PE)- a law of general applicability against the press.•Case remanded to the Minn. Sup. Ct., which enforces the promise under PE and reinstates Cohen's original compensatory award - $200,000.
