Jour371 FINAL

Ernie was employed in 1974 by a local school district to take pictures at athletic events, which he did. He was surprised 40 years later when his phone rang. It was one of the high school athletes Ernie had photographed. The athlete had gone on to a college and professional career and was being inducted into his college athletic hall of fame. "I just thought you'd like to know that a photo you took of me when I was in the 11th grade was in the program book. It has always been a favorite." Ernie thanked the caller, but started wondering about copyright law. He called you, a friend, to ask whether there had been an infringement. You know copyright law backwards and forwards, so you tell him:

"Ernie, you never owned the copyright to that photo."

Who assigns movie ratings?

A panel composed of citizens selected by the motion picture industry.

During his summers away from college and graduate school, Bob started a business called Bear Country Hikes. He made good money walking tourists through bear habitat near his home. He emphasized safety, and he never had anything bad happen. People loved photographing the bears, and the bears didn't seem to mind. Back at school one fall, he actually submitted Bear Country Hikes for a federal trademark and received notice that it had been approved and registered to him. Just for kicks, he googled "bear country hikes" one day and noticed there were many, similar businesses operating around the country under that name. As it happened, the next summer a business not far from his, also advertising as Bear Country Hikes, had a tragedy. An untrained guide took a group out and three family members were mauled and eaten by bears. Bob knew there was a likelihood tourists might confuse that company with his, so he wants to enforce his trademark. What does the law say?

A tenet of trademark law is that trademark rights are lost if not protected. Because Bob has not protected his trademark as against others, he will have a hard time protecting it on these facts.

Juliette was an experienced wedding planner who worked with many brides to organize everything for the perfect day. Through the years, she had gathered the names, contact information and some pricing information from area photographers, caterers, reception facilities, invitation printers, limousine services, tailors, florists and other service providers. She printed this information and gave it to prospective customers as a guide to help them make decisions. One year, Janet, also a wedding planner, moved to the town where Juliette had most of the business. Shortly after, Juliette decided to check her out. When she googled "Weddings by Janet," Juliette was shocked to see Janet's site contained what was clearly Juliette's work - the lists she had compiled and kept updated for years. Juliette believes her copyright has been violated. She just needs to know what to do about it. What do you tell her?

Actually, that's a list and regardless of how much you worked to create and maintain it, it is not copyrighted.

What's smart about V-chip legislation?

All of the above.

Which is the follow is argued in favor of more legal controls on adult, indecent and/or sexually explicit material in the United States?

All of the above.

Which of the following is NOT protected in copyright law?

All of the above.

Which of the following is a strange reality about copyright law?

Allowing infringement can sometimes lead to fame and fortune.

Why do U.S. patents and copyrights expire?

Because the Constitution specifies "limited times."

Bob owned Channel 9 in Memphis. It was started by his grandfather and like his grandfather, Bob is a conservative Republican businessman. Julie, a liberal's liberal, was a candidate for the U.S. Senate in an upcoming election. Everything she said she was for, Bob was against. Julie came to Bob's TV station and told him she wanted to purchase $100,000 worth of time to broadcast her 30-second campaign commercials. What are Bob's legal obligations?

Bob must sell broadcast time to Julie at the lowest basic rate and air the commercials as submitted (no editing) during time slots comparable to commercials of any other candidate.

When she was hired as superintendent of the Pinewood School District, it was accurately reported that in 2010 Berta Johnson had left the Oakwood School District under a cloud. Specifically, the press reported, she had been accused of falsifying the grades of student athletes so they could get college scholarships. Not reported was that in 2012 a coach at Oakwood admitted he had been changing grades and that Johnson had nothing to do with this. What tort is indicated by these facts?

False light.

What is the Hot News Doctrine?

It applies when one media outlet gathers and shares breaking news from another news outlet without expending any expense or effort.

Bob was a landscape artist. Sometimes he would take his easel and paints, set up outdoors and paint a mountain vista or a seashore scene or a stream near a forest. Sometimes he used other methods. Bill was a photographer. One day he was in his booth at an art sale and a customer said, "Hey, this photo of cows in a pasture looks exactly like a painting a few booths over." When Bill heard this, he walked over to Bob's booth and, sure enough, Bob had a painting depicting the same scene as Bill's photograph. Bill asked Bob where he got the inspiration for the painting and Bob was truthful, "You may have been at lunch or something a few weeks ago, but I saw your great photo and took a picture of it with my phone. I then went back to my studio and painted what you had photographed." Bob wants to know whether this is a copyright infringement and knows you are an expert. He asks and you tell him:

It's very likely, but it depends on a fact question: Whether the painting is a transformative work or a derivative work.

When the owner of a trademark allows someone else to use it, this is called:

Licensing.

Globally, how many nations filter or manage in advance public communications?

Most of them.

Jimmy decided to run for governor of Mississippi and staged a very clever campaign. Every day at noon, he would hold a press conference with a different live animal and explain why that animal was like one or more of his opponents. Animals that Jimmy paraded before cameras included snakes, camels, jackasses, mice, worms and chickens. TV news people loved these daily stunts and so did their audience. After Jimmy won, one of his opponents filed a complaint with the FCC. As it happened, Bob was on "free TV" five times as often as any other candidate. What are the powers of the FCC on these facts?

None.

Which of the following types of content does NOT have full First Amendment protection?

Obscene content.

PICON stands for:

Public Interest, Convenience Or Necessity.

Mary was writing an anniversary story on the U.S. Supreme Court decision allowing same-gender marriage. As part of this, she wanted to know how many same-gender couples had wed locally. She went to the appropriate clerk's office and asked for copies of all marriage licenses sold since the court decision. "There's a problem with that," the clerk said. "The licenses have Social Security numbers on them, which are confidential, so we can't comply with your request.' Under Mississippi law, the clerk:

Should provide the licenses with the Social Security numbers redacted.

Ed owned an upscale restaurant that asked patrons to provide their email addresses. He had a list of thousands. As Valentine's Day approached, Ed refined his list to those who had made reservations in previous years for Valentine's Day. He composed a message to them, offering a 20 percent discount to the first 50 to make Valentine's Day reservations again for the upcoming holiday. As it happened, Bernie had taken a date to Ed's restaurant on a previous holiday, but had since opened a restaurant himself. When Bernie received Ed's discount offer, he was able to "reply all" with his own message offering a 25 percent discount for people who made reservations at Bernie's. Ed wants to know if his copyright has been violated and comes to you. You give him the correct legal answer, which is:

Sorry, but your list is not subject to copyright.

American law can be found, in part, in:

Statutes, regulations and ordinances.

At a scene where first responders - police , firefighters, medical personnel - are actively doing what they do, which of the following is NOT a lawful order?

Stop taking pictures.

Competition was intense for lifeguarding jobs a Daytona Beach, so competitive that in addition to a normal application and credentials, Daytona Beach required an essay, "Why I Want To Be A Lifeguard." Applicants were also required to sign a statement conferring all rights to their essays to the employer. Larry got the job and worked for two years at Daytona Beach before his family moved to Destin, which also had a beach and hired lifeguards. Larry decided to apply and noticed Destin had an essay requirement, too. He still had his Daytona essay on his computer, so he used it with his application. What does copyright law say about this?

Technically, Larry has violated Daytona Beach's copyright of his essay.

Bob had a bad business partner named Pete. Both were songwriters. One day when Bob was out of the office Pete looked on Bob's computer screen and saw lyrics and music he knew would be a No. 1 hit song. While Bob was still out, Pete copied the notation and lyrics, affixed his name and submitted them to the U.S. Copyright Office. Later, when Bob submitted his work, the Copyright Office told him that song had already been submitted. Bob was furious, of course, but what does the law say about this situation?

The copyright belonged to Bob before either one of them submitted it, so it was clearly theft when Pete did what he did.

Most pressure for continued broadcast deregulation comes from:

The desire of broadcasters to be competitive with non-broadcast media.

The term 'net neutrality' references:

The extent to which government will make rules governing bandwidth as an asset.

Which of the following has the most influence in regulating adult materials in the United States?

The marketplace.

One of the controls on internet content that has withstood First Amendment challenge is:

The requirement that computers in K-12 schools and public libraries have filters to screen out adult material unless a patron requests the filter be disabled during use of a specific device.

Jolene was instructed to prepare a story on the most popular Halloween costumes. She went to a costume store and when customers came in, she asked them how they were going to dress. The store's owner saw what was happening and told Jolene to leave. What does the law say?

The store is private property, so when asked to leave Jolene must leave or risk being charged with trespass.

What was the basis for creating federal broadcast regulations?

To be useful. the electromagnetic spectrum needed someone to assign frequencies.

At a 100th birthday party for her grandfather, Marcia, a college student, recited what she said was a special poem she had composed for the event. As it happened, her brother recorded the event and uploaded a video of her recitation to YouTube. Because one of Marcia's teachers at the university required students to post to YouTube, the teacher happened to see the video on Marcia's channel. She also immediately recognized that the poem wasn't Marcia's, but had been used in class as an example of good work by a former student in an earlier semester. The teacher told the former student about this, thinking she'd be flattered. Instead, the student was livid about the clear violation of her copyright. "Well," the teacher said, "there's nothing you can do about it. I know Marcia doesn't have any money." The author of the poem replied, "That's OK. I'll sue YouTube. They have plenty of money." What does the law say about this?

YouTube is immune from copyright infringement liability under the Digital Millennium Copyright Act.

Proud Linda's Restaurant posted a sign reading, "Eli Manning eats here, so should you!" in its window. Mr. Manning, a world-famous professional athlete, did not give permission for the sign and saw the sign for the first time while entering Proud Linda's, one of his favorite places to eat. Which of the following is true?

Mr. Manning has a legal right of publicity case. All the elements are there.

Allison posted on Twitter that President Kennedy was a far worse abuser of women than President Clinton or President Trump. Based on this, you decide Allison is an idiot and you no longer wish to see any of her statements. When Allison learns you have stopped following her, she demands to know why you are not respecting her First Amendment rights. Based on what you have learned in Communications Law, you respond:

No government entity interfered with your freedom of expression, so the First Amendment is fully intact.

Clarksdale, a Mississippi town, employed 15 people to work as referees in the town's youth sports leagues. All 15 signed a petition asking for a raise. At the next meeting of the Clarksdale Town Council, a raise for the referees was on the agenda and most of them attended the meeting to hear the discussion. Jim, a reporter, was also there. It was a dicey time for the elected officials, so they decided to invoke "personnel matter" exception and discuss the raises in closed session. Everyone was told to leave the room. Was this legal?

No. This was not a personnel matter under Mississippi law.

For a plaintiff to prove actual malice, he must establish that the defendant ...

knew a statement of fact was false before it was published or acted with reckless (total) indifference to its truth or falsity.

Why is it so important to ascertain whether a plaintiff is a libel suit is a public official/figure or a private person?

Because public officials/figures must prove actual malice, which is difficult.

FERPA makes what kind of records personal and confidential?

Academic.

Which of the following is a "best practices" suggestion by the Federal Trade Commission to entities that gather personal and private data?

All of the above.

Which of the following is a "record" under the Mississippi Open Records Act?

All of the above.

Which of the following is a best practice for a journalist considering making an offer of anonymity to a source?

All of the above.

Which of the following is a true statement?

Americans are more protective of their privacy when it comes to intrusion by government than any non-government intrusions.

When any law is ruled unconstitutional by a court, that means:

Any of the above.

Under federal and Mississippi open records laws, who is entitled to ask to see a record?

Any person.

Some legal cases involve property line disputes, divorces, adoptions, the meaning or validity of wills, guardianships and such where the court's job doesn't involve finding fault or awarding damages, but "doing right" as between the litigants. These general term for these cases is:

Equity.

The University of Mississippi hired a company to haul off tailgate debris after every home game at the rate of $600 per load. Herbert, an intrepid journalist, suspected the company was overcharging, so he set up a video camera and recorded all trucks leaving the Grove area between midnight and noon the next day after a home game. He then obtained a copy of the company's invoice for that event and it showed 78 truckloads were hauled away. Herbert's video proved there were only 60 truckloads, meaning the University was overpaying. He published a story about this and included still shots from the video he made. University officials read the story and, in turn, sued the trash company for overcharging. The university and trash company demanded that Herbert turn over his video. You are the judge. What does the law say you must do?

Apply the Branzburg test.

Bob lived in an all-party state where he operated a laundry next door to a taco shop. He and the taco shop owner were not on friendly terms and one day Bob secretly made a video of his neighbor unloading boxes labeled "horse meat" and taking them in the taco shop's back door. Bob also knew the local health inspectors took payoffs, so instead of calling them he went to a local TV station and offered the video. The station took the video and used it on the air, along with an interview of the taco shop owner claiming he never used horse meat in his tacos. The taco shop owner knows Bob doesn't have any money, so he sues the TV station for using the video recorded without his knowledge or permission. Who will win? Why?

As against the TV station, the taco shop owner will lose under the innocent use rule.

Which three contexts have been identified for most legal issues related to privacy?

Autonomy, space and information.

The Electronic Communications Privacy Act says:

Cell phone conversations are to be treated the same as wired phone conversations; that is, listening in is illegal.

Of the following, which is the most common defense to a privacy tort claim?

Consent.

Bob operated a chicken farm in Mississippi near a military base. One day, he overheard some soldiers talking about a new chemical that was deadly, but left no residual effects. He immediately thought this was something neat, clean, painless and efficient he could use when harvesting his chickens. He looked at the federal FOIA law online and determined the recipe for the chemical fit the definition of "government record." He went to the base to visit the commanding officer and asked for the recipe. "Are you kidding?" the officer said. "Get out of here and don't come back." What's wrong with this?

Denials must be in writing.

The default rule for health-care providers and educational institutions under HIPAA and FERPA allows release of:

Directory information.

The majority of federal courts:

Do not allow audio or video recording devices.

When she was reporting on contamination at a local park, Judy wrote that "Ed has openly admitted releasing 50,000 gallons from his portable toilet business into City Pond because he didn't think people should swim there anyway." That was an accurate statement of fact, except that Judy inadvertently added an extra "0." Ed's truck only held 5,000 gallons. Ed saw this error and seized on it, thinking immediately that he could collect from Judy enough money to pay his fine for being an admitted polluter. What does media law say about this?

Ed is likely "libel-proof" on these facts. It's not likely that opinions of Ed would improve had the accurate number been reported initially.

In our course, the term "outlier" has been used to describe:

Expressions that are deemed not to need First Amendment analysis because they fall outside the scope of First Amendment protection.

What is the legal definition of simple negligence?

Failure to exercise reasonable care.

John was ashamed of the fact that he had been arrested and booked into jail for not paying a speeding ticket, but was surprised when he started receiving texts from friends asking him why he killed his wife. Uh oh. A mistake was made at the jail. The TV station had requested the booking photo of a man who was, in fact, accused of killing his wife, but a clerk had mistakenly sent John's picture. John is really worried about damage to his reputation. If he sues the TV station, what will be the station's best defense?

Fair report privilege.

Ed was an attorney who was representing Mike who had filed suit against the Transportation Security Administration for violating his personal privacy during an airport search. As it happened, the Cleveland Browns football team was arriving at the airport at the same time that Mike claims his privacy was violated. The Browns had just won the Super Bowl and so there were local news teams everywhere shooting video of this momentous occasion. Ed got a list of all the local media and subpoenaed their video to review just in case they had recorded the search of his client. In our law course, this is known as a:

Fishing expedition.

A recurring problem with government invoking "security" as a basis for limiting otherwise protected First Amendment expression is:

Government often uses "security" as a pretext for needless secrecy to avoid embarrassment.

The law as well as public sentiment about personal privacy:

Has had wide swings generation to generation.

In the aftermath of Hurricane Florence, a TV report showed a coastal neighborhood that had been washed away. Speaking during the report was head of the local chamber of commerce, who said, "We hope this area will be restored and rebuilt as a public park because, quite frankly, the flooding did a great service. Everyone who lived here was on meth or opiods. It was a haven for drugs and crime." As it happens, Judy lived in that neighborhood. She is a nurse who worked at a substance abuse clinic and felt her reputation was damaged by the statement that "everybody" was a drug addict. Which of the following is the strongest reason she would lose a libel case?

Identity.

Mary worked as a loan officer at First Bank. She considered this to be her business and hers alone, so she was really angry when, at a family wedding in front of many people, her cousin Mark asked her, "So, how do you like working at First Bank?" She had not given him or anyone else permission, express or implied, to reveal the name of her employer. She wants to sue Mark for Intrusion upon Seclusion. Will she win?

It depends on whether a jury finds that she had a reasonable expectation of privacy.

Which of the following appears from the historical record as being the Founders' rationale for the First Amendment?

If left on their own, people would find truth and choose the best alternatives for themselves and society most of the time.

Among other things, the Branzburg test indicates:

If the same information can be obtained without using a journalist as the source, the journalist should not be compelled to testify.

In Mississippi, the effect of publishing a full and fair correction or revising online content that is libelous is:

It eliminates the risk of punitive damages.

What is meant by characterizing the First Amendment as a "safety valve."

It means that if people are allowed to vent their frustrations and express their thoughts without government retribution, they are less likely to resort to violence. In essence, if the people feel they have a voice and are being heard, they are more accepting of situations.

What is meant by "marketplace of ideas?"

In a society where people have no fear of voicing their ideas or listening to the ideas of others, truth will emerge, leading to improvements in society as a whole.

Other than by government, freedom of expression is influenced by:

Individuals choosing not to speak, to stay out of a conversation or avoid a topic.

In which of the following torts is publication not required?

Intrusion.

Professor Plum wanted her students to do better, so after the first test she rearranged seating in the classroom. She called out the names of students who failed and required them to sit on the front row, then students who made D's, then C's, then B's. Students who made A's were forced to sit in the back row. Anything wrong with this?

It appears to be a FERPA violation.

A challenge or difficulty in preventing/outlawing "hate speech" in light of the First Amendment is:

It calls on government to decide which words, symbols are other expressions are illegal based on the popularity of those expressions.

Pete liked Carhardt brand overalls. in his job as a highway construction manager, he found them to fit well and last a long time. At the end of a long, hard day on the job, Pete was standing beside a motor grader, the sun was golden and dust particles looked like glitter. A skilled photographer happened upon this scene, asked Pete if it was OK to take his picture and Pete said it was fine. A few months later, Carhardt's marketing team started using the image on billboards advertising the brand. Very effective. Sales rose. What Carhardt didn't know was that days after the photo was taken, Pete was hit by a vehicle and killed. When his wife and kids saw the billboards, they, of course, recognized their father and it was very hurtful to them. As a practical matter, they had also lost the family breadwinner and were naturally curious about payment for using their loved one's photo in advertising. What does the law say about this?

It might be a compensable commercial appropriation if Pete had not been killed, but on these facts Carhardt has not incurred a legal debt to the family.

Bob believed the college cafeteria food was awful. To demonstrate this, one day he didn't say anything but just walked to the center of the room and forced himself to vomit. (I know, gross. Sorry). What do interpretations of the First Amendment say about Bob's action?

It would be protected as symbolic speech if (1) he intended a message and (2) a lot of people understood the point he wanted to make.

George , not pleased with an action taken by his university, posts, "I swear, this chancellor is from Mars or something." As it happens, the chancellor is from New Orleans and has not taken Communications Law. George has. The chancellor tells George he's going to sue for libel, but George should respond:

It's actually not libel unless someone believed it. It's doubtful that anyone, anywhere believes you are from a different planet.

A city board meeting became heated. One council member called the mayor an "idiot." A news reporter was present. The council member pointed to the reporter and said, "I meant it. She is an idiot, but don't print that." The problem with the council member's request is:

It's an attempt at a prior restraint. If there is any universal truth in First Amendment law, it is that prior restraints on expression are unconstitutional.

Which of the following is a valid takeaway from the Food Lion case?

Journalists are just as liable as anyone else if caught using fake names/identification.

In an effort to promote business, officials in the town of Kearney, Nebraska, decided to put up a series of traffic (stop) lights on the nearby Interstate along with several signs inviting travelers to shop and dine in the downtown area. The Federal Highway Department blocked this plan, claiming it would inconvenience travelers, among other things. What legal principle is likely to decide the outcome?

Jurisdiction. Kearney's government has only those powers specified in its own charter and not at odds with the state and federal constitutions. If the power to erect traffic lights on a federal highway is not listed or implied, then the town does not have the authority.

Given that America-based social media platforms, generally, do not wish to have government-imposed content controls and, instead, believe they can set rules to manage content, what peril do they create for themselves?

Liability flows with control.

Which of the following is NOT among the Five Freedoms identified in the First Amendment?

Life, liberty and the pursuit of happiness.

Everybody in town was talking about the French fries at Don's Restaurant. People lined up before the restaurant opened. Bonnie, who operated a nearby restaurant, also had fries on her menu, but it seemed she was losing customers. As it happened, her apartment was on the third floor of a building and from her balcony she could see the back door of Don't restaurant. Desperate to find out Don's secret, she borrowed a telescope from a friend. By patiently watching, she could catch glimpses into Don's kitchen to observe the cooking technique. She could also see when his restaurant closed and went through his trash to learn what potatoes, oil and seasonings he was using. By these methods, she was able to learn how Don made his fries and duplicate them on her menu. Eventually, her former customers started returning and saying, "These are just like Don's." Don heard about this and what Bonnie had done to copy his method. You are his friend and he knows you have taken Communications Law, so he says, "Can my business sue her for invasion of privacy?" You know the correct answer, so you say:

No, Don, businesses can't sue for privacy.

Ed, a sports reporter for ABC, went to the press conference following the University of Alabama's stunning loss to East Georgia Teachers' College, which had not won a game in six years. As the Alabama coach walked to the lectern, he saw Ed and said, "You get out. I saw your prediction that we would lose today and we did. I never want to see you in here again. Get out, now." Was it legal for the coach to eject Ed?

No, this is selective exclusion at an otherwise open event.

Ed was elected student body president, a fact duly noted by the online campus newspaper. A comment under the story said, "It just shows how bogus these elections are when a convicted crackhead like Ed can get elected." The comment was posted by Denver Slim. Ed called the newspaper editor, who said she would remove the comment and explained that the newspaper was sorry, but was not responsible, by statute, for the comment. Ed says, "Well, I want to find out who Denver Slim is so I can sue for libel." The editor says there's no way she can obtain the poster's true identity. Is Ed out of luck?

No. Ed can go to a judge and present his evidence. If the judge believes he has a strong enough case to win, the judge can order providers to reveal whatever information they have about Denver's true identity. This is called the Dendrite test.

Jane, who was Sue's sorority big sister, sent Sue a text. It read, "I saw you cheating on the calculus test and this is a warning. Our sisters don't cheat, and if I see this again I will have you thrown out." Sue is horrified. She wasn't cheating and knows her reputation will be hurt if she is dismissed from her sorority. A false statement of fact has been made about Sue. Does she have a libel case? Why?

No. Nothing has been published.

Eddie thought he was a shoo-in to be head football coach at the University of Florida, a job that paid $6 million per year. At a press conference, however, the athletic director announced that someone else had been hired. Eddie knew the athletic director, so he sent him a text: "What happened? I thought I was your choice." The athletic director responded, "You were, but at the last minute, Tom Threebow, our superstar former quarterback, called the university president and said he didn't think you were the right person." Eddie wants to sue Threebow for libel. Will he win?

No. Opinion can hurt reputation, but doesn't constitute libel.

Hannah was an accountant who had been working at the same firm for several years. One day she was arrested, to her surprise, and accused of diverting money from a client's account to her own account. She didn't know how it happened and, upon investigation, learned it was a bank error - a fact that could be proved. Nonetheless her employer fired her and the prosecutor insisted on taking the case against her to trial. Because she was sure she would be found innocent - because she was, in fact, completely innocent - she worried that any publicity about her case would ruin her chance of obtaining a good job with another accounting firm. She was researching the law and found the Sixth Amendment guaranteed her a speedy and public trial. She knows you have taken a law course, so she asks you if she can waive her right and have a private trial. What do you tell her?

No. Sadly for you the right to a public trial belongs to the public and protects the trustworthiness of the legal process. It is not a right that belongs to you or that you can waive.

Frank, a restaurant server, complained on breaks to his fellow servers that the kitchen was messing up his orders all the time, meaning he was losing a fortune in tips. One of his fellow servers was dating a cook and mentioned Frank's complaints to the cook. The cook mentioned it to the manager who called Frank in and fired him, saying she didn't need employees with bad attitudes. Is there a First Amendment issue here?

No. The First Amendment provides that government will not limit freedom of expression. There's no mention of government involvement on these facts.

Bob was a bus driver for the City of New Orleans. One Sunday, he was surprised to see his name on a list printed in the church bulletin of members who had made financial pledges to give money to the church but had not done so. It wasn't true. In fact he was able to take show the church treasurer his bank records showing donations made that actually exceeded the amount pledged. People started treating Bob badly anyway, calling him a sinner and a deadbeat. He tells the attorney for the church he intends to sue for libel and the church attorney said, "Go ahead. As a public employee you are legally a public figure, so you will have to prove we knew the information was a lie before it was printed. You can't so that, so you will lose." Is the attorney correct?

No. The fact of public employment does not make a person a public figure in and of itself.

Mary was a kindergarten teacher. On a bright spring day, a Boston newspaper photographer asked her to pose for a photo illustrating the wonderful weather. As it happened, the photo was taken outside a public building named for Civil War Gen. Benjamin T. Hooker. When the photo appeared, it featured a smiling Mary entering a doorway with the words "Hooker Entrance" etched above her head. (In English slang, "hooker" is a term describing prostitutes.) The photo went viral with more than 2 million posts and reposts. Mary sued the newspaper whose attorneys respond that she was a public figure based on the millions who had seen and shared the photo. Is she?

No. The media cannot make a person famous and then defend itself based on the fame of the plaintiff.

The core finding in the Branzburg case was that:

The First Amendment does not provide journalists a privilege against providing testimony.

When he was 16, Irving was in a street gang that went on a rampage and set fire to several buildings including a high school. Irving was charged with arson. He and the other teens were identified in media reports, but as a juvenile offender, he was released when he turned 18 . Irving got his act together, went to college, became an accountant and lived quietly. On the 50th anniversary of the construction of the new high school, the local press innocently reported, "The new building was made necessary after arsonists, identified as (Irving and his companions listed by name) who burned down their school." Irving's grandchildren saw this story and quizzed their grandfather, "Was this you?" The grandfather admitted it and, as it happened, the next day his boss at the accounting firm said they could no longer have him on the payroll because he had become a marketing liability and clients were complaining. Irving believes the local press has needlessly defamed him in the eyes of his family and employer and wants to seek damages. Will he win?

No. Truth is truth, and the passage of time is not, legally, a factor.

Buddy applied for a summer job at an accounting firm. On his application, he said he was a junior. In truth, he had only completed two semesters of college. As part of a routine verification, the accounting firm looked Buddy up on his college's website. It showed him classified as a freshman. Buddy called the firm a few days later to see if he had the summer job. The answer was, "No, we don't hire liars." When Buddy is told the college was the source for the firm's information, he was sure his academic privacy had been violated. Had it?

No. Unless students make specific requests otherwise, schools are allowed to publish "directory information" and that would normally include name, hometown, major, classification and honors.

Ed goes to work in Nashville in the creative department of a major marketing firm. Because competition for talent in the marketing world is so intense, his employer demands that Ed sign a "non-compete." It says that he may never, during his lifetime, work in any creative capacity or perform any creative work other than for his employer anywhere in the United States. Ed knows you have taken a law course, so he asks you for advice. You tell him, accurately:

Non-competes are enforceable as long as they impose reasonable restrictions on the time and scope of an employee's future work. This appears completely unreasonable.

What rights of access do journalists have that non-journalists do not have?

None, generally.

On the question of publishing the identities of people reporting they are victims of sex-related crimes, most media today:

Respect the wishes of the victim on whether or not to be identified.

Mary left her first husband, and she and the children moved to a different state. She became very involved with the local schools. She was so active, in fact, that her neighbors encouraged her to seek election to the school board. As it happens, the reason she had obtained a divorce was that the children's father had been caught stealing from his employer and sentenced to 10 years in prison. Mary doesn't think this is anyone's business and believed no one would find out. After all, she had never taken his surname. But it did happen. At a forum for candidates, her opponent for the seat said to the audience, "Mary is a really good person and I like her; isn't it sad that her ex-husband is in prison as a thief?" Mary is humiliated and wants to sue for public disclosure of private facts. What rule applies?

Sadly perhaps, the rule is that public information can't be the basis of a privacy claim, and court records and prison records are public records - even if no one in the new state knew about them.

The Booth Rule says:

Says that when a media entity images for promotion that were first used for news, the subsequent use does not create a tortuous appropriation.

Immediately after the last exam of her last semester at the University of Mississippi, Marianne reported for duty as a Naval recruit in Norfolk, Va. She then served three years, during which it seemed odd to her that the many friends she had made at the university didn't comment on her social media posts, return her emails or respond to her texts. She noted several in one way another "unfriended" her, but had no idea why. Marianne knew everyone "moves on," but thought it strange that she was shunned. After her discharge, she passed through Oxford and went into a familiar restaurant. The owner recognized her and said, "Wow, I thought you'd never show your face in this town again." Marianne asked what the owner was talking about. "It was in the paper," the owner said, "that you skipped graduation because you had been recruited by the terrorist group al-Quaida." Marianne was aghast. She went to the library, looked in the archives for the old article and sure enough there had been a line left out of a story. It should have read, "Marianne has been recruited by the U.S. Navy for an elite force to join al-Quaida in battle. Without the line, it read, "Marianne has been recruited to join al-Quaida in battle." Desiring to protect her reputation, or try to regain it, she decided to sue the newspaper. What result?

She will lose because the statute of limitations has expired.

Harriet walked proudly off the stage with her degree in Integrated Marketing Communications into an $80,000 year as a research specialist with Formby Marketing. As her boss welcomed Harriet, she said, "Your first assignment is for a candy company we represent. Find out what candy little kids like best." Because she made an A in Communications Law, Harriet immediately remembers:

She will need to be creative because federal law prohibits using children under 13 for market research.

Some states have laws that provide journalists a privilege against supplying information requested by a court or the government, generally. These are called:

Shield laws.

Homer loved skiiing. During one trip to Summit Resort, however, he was stuck up in the air when the lift malfunctioned. He was understandably frustrated and anger showed on his face. Still, he was surprised the next morning to see video of himself on the local TV station. The story was about recurring problems at the resort. Homer was even more surprised to see the same video days later in an commercial for a competing resort. During the commercial, as Homer's frustrated face was on the screen an announcer said, "Come ski at Sunnyvale, where the equipment works." What does the law say?

The TV news use was permissible; the other use was an appropriation.

In some jurisdictions (not Mississippi), threatening to sue in advance of the publication of truthful information in order to keep the information from being published is a separate tort called:

Strategic Lawsuit Against Public Participation.

Judy, a reporter for Tupelo TV, was driving back from an assignment in Oxford when she saw several goats grazing by the road. A few months later she was shocked when she was summoned to court to testify. When she asked, she was told that a wreck had occurred shortly after she passed the goats. A driver who was injured when he swerved to miss a goat on the highway was suing a nearby goat farmer. The goat farmer was denying his goats were ever on or near the road. As it happened, a house near the accident scene had a security video camera on its porch. The video was reviewed and showed no goats, but it did show the sedan with bright WTVA-TUPELO NEWS painted on the side. The lawyer wanted Judy to testify whether she saw any goats. According to what we have learned, Judy should:

Testify truthfully about what she saw.

Executives at Boeing Aircraft were excited about their new passenger jet and, in fact, had orders pending from 12 major carriers. That's why they were so upset to read in Aviation Magazine that the new jets "used twice as much fuel as expected." It wasn't true. In fact, independent data showed the new jets were more fuel efficient that earlier models. Boeing wants to sue Aviation Magazine for libel. Which of the following will be essential if the company is to win?

That orders for the jet were canceled or sales declined.

After watching the movie "Titanic," especially how some rich passengers bribed their way to safety on lifeboats, Bob decided he hated rich people. He climbed into a tree with a rifle and lots of bullets. Any time an expensive car (Mercedes or BMW, especially) passed, he would shoot at the driver. Before police responded and killed Bob, he had fatally wounded 10 motorists. The victims' families want to sue the makers of "Titanic" and hold them responsible. What is the current legal standard?

The families would have to prove the movie-makers could have or should have foreseen something like what Bob did would occur and that it would not have occurred if they had not made the movie.

"Common law" arises from:

The legal process of adhering to the processes and outcomes to cases in keeping with what has developed and been done previously in the same or similar circumstances.

Homer loved skiiing. During one trip, however, he was stuck up in the air when the lift malfunctioned. He was understandably frustrated and anger showed on his face. Still, he was surprised the next morning to see video of himself on the local TV station. The story was about recurring problems at the resort. Homer had nothing against the resort and feared losing the discounts he received as a frequent guest. He wants to sue the TV station for using his name or likeness without his permission. What does the law say?

The news exception allows use of Homer's image without consent.

Niceville has an ordinance requiring any person wishing to perform music in public to complete a permission form at City Hall. The form required all participants to provide proof of identity - name, address, phone number. The Libertarians Against Lumberjacks wanted to sing protest songs on Court Square against the cutting of trees, but objected to the form. What does the First Amendment say about this?

The right to free expression is not dependent on self-identification. That is, the First Amendment allows anonymous speech, so the group does have a valid objection to the form.

Bill, a basketball coach, really got tired of a local sportswriter second-guessing him. One day, after the writer wrote, "As the clock was winding down and his team was down by a point, Coach Bill called a time out and sent in a three-point play. Not surprisingly, the shot missed. Any idiot knows better than to call for a three-point shot when you can win with a two-pointer. This coach is the dumbest person in America." Coach Bill sues the writer for libel. What's would be the legal outcome?

The writer used figurative language. Courts do not treat figurative language as a statement of fact.

The law frequently is applied differently to juveniles. The rationale for this is:

There is reason to believe people under certain ages are not capable of understanding/appreciating certain laws or the consequences of their actions.

When a question of personal privacy is considered by the U.S. Supreme Court in recent years, what can be said about how the justices evaluate the matter?

They look to see if a legitimate public interest is served by any state action that infringes on personal privacy.

It was a big scandal. Everybody in the small town, it seems, knew that people attending a party caterered by Sweets R Us, had become extremely ill from food poisoning. There was even a story about it in the local newspaper. Bob, a competitor, immediately added a phrase to the slogan he used to advertise his catering business. It read, "Hire Us. We Deliver, And Our Food Won't Make You Sick." The owners of Sweets R Us believe this is libel. What do they have to prove to win a lawsuit?

They lost customers as a result of Bob's message.

Bob "met" a person on Tinder and was provided a phone number by the person. In the ensuing digital conversation, Bob's attraction to his contact didn't end when the person admitted being 13 years old. Bob invited the person to meet him at a local motel because he wanted to take nude photos of the person. At the specified date and time, Bob rented a room at the motel, texted the room number to his contact and was surprised a few minutes later when the police knocked and placed him under arrest. Bob protested, "What's this about? I haven't done anything except communicate? Don't I have First Amendment rights to talk to people?" What is the First Amendment analysis of this situation?

This is an outlier situation. The First Amendment does not apply when a communication constitutes a crime.

In a reaction to a series of bold daylight carjackings, The Daily Bugle published an editorial calling for public flogging of anyone suspected (not convicted) of the crime. Is this protected speech?

This raises the issue of "incitement." As a rule, media calls for action have not been found unconstitutional. This is protected speech.

Instabook, a free digital communications platform, allowed people to download/activate/use the service under a nickname if they wished, but also required them to provide and prove their true identity, usually by submitting a drivers license, credit card or other information. Julie wanted to use Instabook because all her friends were enrolled, but didn't want to reveal her true identity. May Instabook refuse to enroll her? Why?

Yes. The First Amendment contains no requirement to self-identify, but Instabook is a private business and can legally impose this requirement.

Due to an error, The Associated Press sent a photo to media outlets that identified a Chicago home as the residence of notorious criminal Al Capone III. The house really belonged to an Episcopal priest who was outraged when an anti-crime mob showed up and torched his home, burning it to the ground. The priest wants to sue every newspaper, magazine, website, television station or other media outlet that displayed the photo for $50,000 each. She intends to use the millions she expects to receive to both rebuild her home and start a fund for the victims of Chicago crime. As a person well-versed in media law, what do you tell her?

Under the Wire Service Rule, only The Associated Press would owe you damages.

Section 230 of the Communications Decency Act treats internet service providers the way common law treats:

Vendors.

Robert was a line inspector for the Chicago Transit Authority. One morning while making his rounds, he saw that a rail had been twisted away from its normal position and also noticed a van driving away. He called police and gave them the information. The van was stopped and the people inside admitted they were carrying out a terror plot to derail a train into a nearby children's hospital, killling or maiming hundreds. What is Robert's legal status?

Vortex public figure.

During jury selection, Judge Lattimore says, "Ladies and gentlemen of the jury, this is a sensitive case in which many of the witnesses will be young children. For that reason, during the course of this trial, only you, me, the attorneys and court officials will be allowed in the courtroom." Anything wrong with this?

Yes. The judge is must allow maximum openness and closure must be narrowly tailored to serve justice. Closing the entire trial is overbroad.

The key consideration in determining whether closure of a meeting or record is proper under the spirit of federal and state laws is:

Whether most of the benefit goes to the public.

Among the key complications we identified with government openness is:

While governments have tons and tons of information, finding out where to ask can be a challenge.

Sedition is defined as:

Writing or speaking that is against government or deemed not in the government's interest.

An official school board meeting became heated after Tom, a board member, voted to purchase milk for the cafeteria from Wholesome Dairy. Bob, also a board member, erupted. "You bum," he shouted across the table. "I know you take bribes from Wholesome Dairy and that's why you always vote to buy from them." Tom responded immediately. "I don't take bribes from anyone. Their price is the lowest and their quality is fine." Cindy, who created and operated a website called "School District NEWS," was present and reported on her site, "During the meeting member Bob accused member Tom of taking bribes from a school vendor, a charge which Tom immediately denied." At his job the next day, Tom's coworkers started calling him "Bum" and making fun of him. Someone used soap to write "BUM" across his car windshield. This really upset Tom, who believes Cindy should not have reported the argument. He wants to sue her for libel. Does she have any defense?

Yes, fair report privilege and neutral reportage.

Ed had put on a few pounds since college and really stretched out his jogging pants. He didn't realize how much until a video of him and a couple of his friends who called themselves the Fat Busters jogging on an oceanside boardwalk was used as part of a commercial for a weight loss business. Ed was clearly recognizable in the video for which he did not give permission. His name was not used, but he still found it extremely embarrassing. Has his privacy been invaded?

Yes. All the elements of commercial appropriation are present and there are no exceptions.

Maryann was enraged when she learned who had been hired to teach physics at the high school her son attended. She posted on her Facebook page, "The new physics teacher is a total incompetent. He has been fired from three schools and there are rumors that he doesn't know how to control himself around female students." Assuming the new teacher has never been fired, does he have a libel case against Maryann?

Yes. It appears all the elements are there.

Josie taught the kindergarten Sunday school class at her church. She needed to raise money for a class trip, so she had the idea of a GoFundMe page on the internet, inviting viewers to send donations. "I have an idea," she told the children. "We can rent a bus and travel to the zoo and I will ask people for money to help us. All of you who want to be in the picture I will use to promote this look at me and smile." All the students did. Their photo was taken and posted. Not long afterward, the pastor called Josie and said a parent had objected. "I asked the children if I could use their picture and they all agreed," Josie said. "So I don't know what the problem could be." Is there a problem?

Yes. Minors can't give consent.

City officials in Oxford, Mississippi, adopted a written open records compliance policy that says, "Any citizen requesting a public record must provide identification and state the reason for which the record is to be used." Any problems with this? What?

Yes. Mississippi law does not require people asking for records to be citizens, self-identify or state a reason for their requests.