Test 4

What is to be learned from the suit Raymundo Davila brought against The Corpus Christi Caller-Times?

That a publication may not be a privileged publication and to make sure you write about the right person.

Rosenbloom v. Metromedia

(1971) Rosenbloom published a nudist magazine and Metromedia radio station defamed Rosenbloom. Rosenbloom sued for libel and won but the Supreme Court reversed the decision extending the rule of "actual malice" to public issues even when private persons are involved- this decision was later reversed in the Gertz v. Welch landmark case that protected private people.

what was the issue in Lee v. Weisman, and how did the Supreme Court rule?.

(1992) the Court ruled that having a clergy-led prayer within the events of a public high school graduation violates the Establishment Clause of the First Amendment.

What did Chief Justice Rehnquist say in the Falwell opinion?

(He said, "But in the world of debate about public affairs, many things done with motives that are less than admirable are protected by the First Amendment.")

precedent

(civil law) a law established by following earlier judicial decisions

punitive damages

(law) compensation in excess of actual damages

privilege

(law) the right to refuse to divulge information obtained in a confidential relationship

What is the law in Texas? To what extent is it mandatory? What is the pledge to the Texas flag?

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What was libel law like before New York Times V. Sullivan?

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What was the issue and how did the court rule in R.A.V. v. St. Paul? How did the court rule in 2003 in the cross burning cases from Virginia?

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What was the issue in the Minersville v. Gobitis in 1940 and in W.V. Board of Education v. Barnette in 1943? What did the Supreme Court rule in Minersville v. Gobitis? What did the court rule in W.Va. Board of Education v. Barnette?

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What was the significant statement of constitutional principle that Justice Robert H. Jackson made in the Barnette case?

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What would you say to someone who says that neither the right of privacy nor the separation of church and state is in the Constitution?

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Where did the concept of separation of church and state originate?

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libel pro quod

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New York Times v. Sullivan

1964 established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth. The Supreme Court ruled in favor of New york times.

Who was Feazell and what role did Henry Lee Lucas play in this case? What was Feazell accused of doing?

Feazell was a district attorney; Henry Lee Lucas was Feazells client at the time and charged for three murder cases. Because of Feazells allegations that Lucas could not have been guilty along with WFAA accusation of Feazells tampering's in the Lucas case.

Texas Libel Cases Describe the circumstances that led to the criminal complaint against Vic Feazell and then to his suit against WFAA-TV.

Feazell was accused by WFAA-TV that he was taking bribes from defendants and lawyers for lesser DWIs. After being investigated by the FBI, Feazell sued WFAA for Libel.

What did the Supreme Court rule in New York Times v. Sullivan?

The United States Supreme Court ruled unanimously on March 9, 1964, in The New York Times v. Sullivan that the Constitution prohibits a public official from recovering damages for a defamatory falsehood related to his official conduct. The court added one qualification: malice.

How would the outcome of the Denton case had been different if the question of privilege had been clearly established?

The outcome could have been different if the reporter would have been vague on his written account or if during the city council meeting someone would have said "bankruptcy".

Who is/was Sylvester Turner? Who is/was Wayne Dolcefino? How did this case finally end? What was unusual about the Texas Supreme Court ruling in the case?

Turner was a republican running for Houston Mayor. Dolcefino was the man who ran the story on KTRK. Turner was given nothing and KTRK won. Texas Supreme Court affirmed the judgment of the Court of appeals but for different reasons.

a tort

is a civil wrong made against a person or property.

What was the essence of the ruling in Milkovich v. Lorain Journal?

the First Amendment does not automatically shield expressions of opinion from being found libelous

Judicial review

the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional

In Curtis v. Butts and Associated Press v. Walker, the Sullivan decision was extended to what class of people?

whether to extend the rule in Times v. Sullivan for public officials to public figures.

Red Flag Words

words that trigger emotional deafness, dropping listening efficiency to zero

civil libel

written defamation of an identified individual, group, or corporation

As a result of Hazelwood v. Kuhlmier and Morse v. Frederick, how much freedom do students in public school have?

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Can a person successfully sue for libel even though they are not named? Can an advertisement be the subject of a libel action? Give examples of each of these from cases we have covered.

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How did the court rule in the flag-burning cases? What was the fact situation in Texas v. Johnson?

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What about using words such as allegedly and reportedly? Based on the Milkovich decision, would they provide any safeguard against libel?

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What did the Supreme Court rule in Hazelwood v. Kuhlmier and in Morse v. Frederick? What was the effect of those rulings on Tinker v. Des Moines?

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What is acceptable now, in view of the Supreme Court rulings, regarding prayer in public schools?

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Garrison v. Louisiana

A state court convicted him of violating the Louisiana Criminal Defamation Statute, which, in the context of criticism of official conduct, includes punishment for true statements made with "actual malice" in the sense of ill-will, as well as false statements if made with ill-will or without reasonable belief that they were true. The state supreme court affirmed the conviction, holding that the statute did not unconstitutionally abridge appellant's rights of free expression.

But the Supreme Court changed the definition of a public figure in Gertz v. Robert Welch, Inc. What did the court say about the difference in public figures and private individuals? Also in Gertz, the court changed the conditions under which a private citizen may recover damages in a libel action. What was the change?

Answers to the above questions: First the court ruled that Gertz was not a public figure in this particular instance. Then the court ruled that a private citizen does not have to meet the actual malice standard of Times v. Sullivan to recover damages. The court said the standard for determining defamation was "actual injury." But, if malice is proved, the court said, the private citizen may collect punitive damages.)

The Supreme Court ruled that Mary Alice Firestone was a private citizen. What was so unusual about such a ruling?

Because she was drawn into the public forum largely against her will

Is a statement that harms a person's character or reputation. Be sure you know what slander is

Defamation

Santa Fe Independent school district

Engel became the basis for several subsequent decisions limiting government-directed prayer in school. In Wallace v. Jaffree (1985), the Supreme Court ruled Alabama's law permitting one minute for prayer or meditation was unconstitutional. In Lee v. Weisman (1992), the court prohibited clergy-led prayer at high school graduation ceremonies. Lee v. Weisman, in turn, was a basis for Santa Fe ISD v. Doe (2000), in which the Court extended the ban to school sanctioning of student-led prayer at high school football games. The issue was promoting religion and the separation of church and state in public schools

Although Justice Hugo Black voted with the majority in Times v. Sullivan, he was in favor of an entirely different approach to libel. What was that?

His confirmation was held up when opponents discovered that he had had a membership in the Ku Klux Klan. He was to become known as the strongest advocate of First Amendment rights of any Supreme Court justice in history. The Sullivan case, he wrote, offers: dramatic proof that state libel laws threaten the very existence of an American press virile enough to publish unpopular views on public affairs and bold enough to criticize the conduct of public officials. An unconditional right to say what one pleases about public affairs is what I consider to be the minimum guarantee of the First Amendment. I regret that the court has stopped short of this.

Hustler Magazine v. Falwell

Hustler ran a takeoff of a Campari Liqueur advertisement with Jerry Falwell as the subject. The ad ran twice, in November 1983 and in March 1984. Falwell sued in federal court for libel and for for "intentional infliction of emotional distress." The jury found the ad was too outrageous to be believed and could not be the basis of a libel action since Falwell's reputation was not damaged. But the jury awarded Falwell $200,000 -- $100,000 to compensate for "intentional infliction of emotional distress" and $100,000 in punitive damages. The Supreme Court overturned the verdict by the lower court. William H. Rehnquist, now chief justice, wrote the opinion for the court in a unanimous decision. Rehnquist said that the First Amendment protects even "vehement, caustic and sometimes unpleasantly sharp attacks." Rehnquist said that the jury had decided that the ad parody was not factual. Therefore, no reckless disregard could exist. He also said: "But in the world of debate about public affairs, many things done with motives that are less than admirable are protected by the First Amendment." This case resulted in a movie, The People vs. Larry Flynt. This case can be found at http://en.wikipedia.org/wiki/Hustler_Magazine_v._Falwell.

Curtis Publishing Company v. Butts and AP v. Walker

In two decisions cited in one opinion, the Supreme Court said that a public figure cannot successfully sue for damages unless the public figure can prove malice. In AP v. Walker court sided with the Associated Press. In Curtis v. Butts Butts won. Court established new guideline "accepted publishing standards" by which reckless disregard might be judged. The difference in two cases time involved in publishing process. The walker story was under deadline pressure. The Butts story was magazine published with plenty lead time.

What did KTRK-TV do that resulted in the suit by Sylvester Turner?

KTRK ran a story that defamed Turner who was running for mayor at the time, of which caused Turner the election which Turner then decided to sue KTRK.

Is an act of defamation without a defense

Libel

How did the Time v. Hill case originate? What was the name of the book, play and later, two movies? Who represented the Hill family before the Supreme Court? What did the court rule in the case?

Life magazine published a story with photographs of the house where James Hill and his family had lived at the time. Desperate Hours. the New York Right to Privacy statute that, as interpreted, made truth a complete defense to actions based on "newsworthy people or events" but gave a right of action to one whose name or picture was the subject of an article containing "material and substantial falsification." Richard Nixon The Supreme Court ruled in favor of Time, Inc. The ruling said that the New York Times v. Sullivan standard of malice must apply if anyone is to be successful in a suit for invasion of privacy.

How did Hustler magazine arouse the ire of Jerry Falwell? What was unusual about the verdict in the trial court?

Magazine published a liquor ad parody about Reverand Jerry Falwell which contained extremely offensive material.The jury found the ad was too outrageous to be believed and could not be the basis of a libel action since Falwell's reputation was not damaged. But the jury awarded Falwell $200,000 -- $100,000 to compensate for "intentional infliction of emotional distress" and $100,000 in punitive damages.

How did the court define malice?

Malice was defined as the condition present when the media would publish something "with knowledge that it was false or with reckless disregard of whether it was false or not."

The Supreme Court in three cases put public officials, public figures and private citizens (involved in an event of public interest) under this umbrella: that they had to prove malice to collect for damages. Name the cases involved in each of those areas:

Public official is New York Times V. Sullivan Public figures is Curtis publishing company V. Butts and Associated Press V. Edwin A. Walker Private interest is Rosenbloom V. Metromedia Inc.

What class of people were affected by New York Times v. Sullivan?

Public officials

What led to the suit by MMAR against The Wall Street Journal (Dow Jones)? What is significant about the jury verdict in that case? How did the case end?

The MMAR accused the Dow Jones for publishing a bad article about them on the wall street journal and alleged that because of that article their business was ruined. The Jury voted in MMARs favor at first but then the case was overturned in favor of Dow Jones. The case ended in Dow Jones favor.

What's the name of the movie made about this case? Who starred in the movie? Why is Larry Flynt (like, say, Jay Near before him) an example of how the law works in matters such as this?

The People Vs.Larry Flynt; Woody Harrelson

Milkovich v. Lorain Journal

The Supreme Court in a 7-2 decision in an opinion written by Chief Justice William H. Rehnquist ruled that the First Amendment does not automatically shield expressions of opinion from being found libelous. The suit was brought in 1975 by Michael Milkovich Sr. against the Lake County (Ohio) News-Herald (then owned by the Lorain Journal) over a column by sportswriter J. Theodore Diadiun. The court said that newspaper columns and other forms of commentary may be libelous if they "imply an assertion of objective fact" that the plaintiff can prove is false. William J. Brennan and Thurgood Marshall dissented. Justice Rehnquist wrote: "If a speaker says, 'In my opinion John Jones is a liar,' he implies a knowledge of facts which lead to the conclusion that Jones told an untruth. Even if the speaker states the facts upon which he bases his opinion, if those facts are either incorrect or incomplete, or if his assessment of them is erroneous, the statement may still imply a false assertion of fact. Simply couching such statements in terms of opinion does not dispel these implications; and the statement, 'In my opinion Jones is a liar,' can cause as much damage to reputation as the statement, 'Jones is a liar.'" The suit was settled in 1991 for an estimated $100,000.

What was the Veggie Libel Law? Who were the plaintiffs and the defendant in the case? What did the jury decide? What did the appeals court say? Why was this case heard in federal court?

The Veggie libel law was that anyone who made false disparaging remarks against perishable foods could be sued for damages. The plaintiffs were cattlemen and the defendant was Oprah Winfrey. The jury decided in favor of Winfrey under the count that the statements were not met for the violation of the veggie law. The Appeal Courts held the statement two years later. Because it was a celebrity case.

A Postscript: The John Henry Faulk case is among the cases we have talked about that didn't reach the Supreme Court. Why, historically, was it such a significant case? What practice was ended by the outcome?

The case effectively ended the practice of blacklisting in areas of entertainment.

Time v. Firestone

The court said that Mary Alice Firestone, who was involved in a sensational divorce trial, remained a private citizen because she was drawn into the public forum largely against her will. The case had to do with the way Time reported on the divorce: DIVORCED. By Russell A. Firestone Jr., 41, heir to the tire fortune: Mary Alice Sullivan Firestone, 32, his third wife; a onetime Palm Beach schoolteacher; on grounds of extreme cruelty and adultery; after six years of marriage, one son; in West Palm Beach, Fla. The 17-month intermittent trial produced enough testimony of extramarital adventures on both sides, said the judge, 'to make Dr. Freud's hair curl.' Justice William H. Rehnquist (not yet the chief justice) wrote the opinion in a 5-3 decision. Dissenting were Brennan, Byron White and Thurgood Marshall. Justice John Paul Stevens did not participate.

In an effort to define malice more specifically, the court injected an explanatory note about malice in the Butts/Walker opinion. What was that?

The court said the determining factor in reckless disregard should be accepted publishing standards

Gertz v. Robert Welch, Inc.

The court set a new standard for determining whether a person is a public figure and determined that the plaintiff, Elmer Gertz, was a private citizen and not a public figure in this action. The court said that a private citizen does not have to meet the actual malice standard of Times v. Sullivan to recover damages. A private citizen may sue for actual injury, which the court said includes impairment of reputation, personal humiliation and mental anguish, as well as financial loss. Punitive damages, the court said, can be awarded upon a showing of actual malice. The decision allows each state to determine the degree of fault that must be proved by the plaintiff. What has emerged as the most common standard is negligence. The best definition of negligence is a departure from normal publishing standards or procedures. Justice Lewis F. Powell Jr. wrote the opinion in a 5-4 decision.

In the Butts/Walker opinion, the Supreme Court ruled one way for Butts and another way against Walker. Explain the court's reasoning in doing that.

The difference in the two cases had to do with the amount of time involved in the publishing process. The Walker story originated under deadline pressure. The Butts story was published in a magazine with plenty of lead time.

What was the legal issue in John E. Foster v. Laredo Newspapers, Inc.?

The issue in this case was that Foster had not done the work for the flooding problem. The main issue led to the surveyor being a public figure.

What one word created the case of Denton Publishing Company v. D.B. Boyd? How did the concept of privilege enter the case? Was the statement at issue privileged? Why, or why not?

The one word was, declared bankruptcy. The concept of privileged was declared by the Supreme Court on the count that it was the reporters accounts not the city councils. The statement was not privileged due to the fact that it was never said.

El Paso Times v. Richard C. Trexler dealt with a letter to the editor. What is to be learned from that case?

Trexler was considered a public figure and that the supreme court of Texas can overrule the Court of Civil Appeals on a verdict.

What was the issue in Griswold v. Connecticut?

a landmark case in which the Supreme Court of the United States ruled that the Constitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives. By a vote of 7-2, the Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy".

common law

a system of law based on precedent and customs

defamation

an abusive attack on a person's character or good name

compensatory damages

an amount of money awarded by the court to make up for loss of income or emotional pain and suffering

Other Issues/A Review How did the concept of privacy originate?

in an article that appeared in the Harvard Law Review in 1890 "The Right to Privacy." he article was "the fountain from which the modern law of privacy has flowed."Warren and Brandeis were concerned about the direction newspapers were taking, especially in printing gossip about personal matters. they proposed that the courts recognize that a right of privacy exists so that individuals might take on people in court when they felt that their privacy had been invaded. No mention of privacy appears in the Constitution.

criminal libel

defamatory statements that might bring about public anger, revolt, or disturbance or the peace

Although Justice Hugo Black voted with the majority in Times v. Sullivan, he was in favor of an entirely different approach to libel. What was that?

dramatic proof that state libel laws threaten the very existence of an American press virile enough to publish unpopular views on public affairs and bold enough to criticize the conduct of public officials. An unconditional right to say what one pleases about public affairs is what I consider to be the minimum guarantee of the First Amendment. I regret that the court has stopped short of this.

How did the ruling in the Griswold case lead to Roe v. Wade?

landmark case in which the Supreme Court of the United States ruled that the Constitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives. By a vote of 7-2, the Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy".Since Griswold, the Supreme Court has cited the right to privacy in several rulings, most notably in Roe v. Wade, 410 U.S. 113 (1973), where the Court ruled that a woman's choice to have an abortion was protected as a private decision between her and her doctor.

libel per se

libel on its face; words themselves are considered damaging

In Rosenbloom v. Metromedia, the Sullivan and Butts/Walker decisions were extended to what class of people?

private citizen