MC 401 Test 2 Cases

Namath v. Sports Illustrated (1975)

-"Appropriation-- 'The book rule'- It is not a violation to use a person's name or likeness in reporting the news or the news content of the publication. -Lost because they owned it. -"I have been grossly mistreated".

Cher v. Forum Inter. Ltd. (1982)

-"The book rule continued- photos and interviews for one media outlet cannot be used by another without permission, especially if such indicates that the person endorses the particular publication."

Russell Christoff v. Nestle USA, Inc. (2009)

-"Tort of Appropriation (misappropriation)". -Nestle had been using Christoff's picture and the statutes of limitations had passed-- Nestle Won/

Curtis Publishing, Co. v. Butts (1967)

-5-4 -A 1963 Saturday Evening Pose article asserted that coach Bear Bryant and Georgia football coach Wally Butts conspired to fix the outcome of the 1962 football game in Alabama's favor. -ISSUE: are news organizations protected against libel claims made by public figures? -HOLDING: not of the published information was false, carelessly unchecked, and recklessly gathering (5-4) -Wally won; end of Saturday Evening Post. -EXTENDED THE ACTUAL MALICE STANDARD TO PUBLIC FIGURES.

Gertz v. Robert Welch, Inc. (1974)

-5-4 -American opinion magazine printed false statements about Elmer Gertz, who was representing the family of a boy killed by a police officer (civil suit) -ISSUE: was Elmer Gertz, who was ruled a private person...

Lawrence v. Texas (2003)

-6-3 -A Texas stature outlawed two persons of the same sex to engage in certain intimate sexual conduct. -Court affirmed constitutional privacy-- "The Texas Statute fathers no legitimate state interest which can justify its intrusion into the personal and private life of an individual.

Time Inc. v. Hill (1967)

-6-3 -Did Life Magazine have First Amendment protection for reporting that a new play portrayed an experience suffered by Hill and his family? -HOLDING: YES. The court applied actual malice standard to false-light privacy cases-- magazine won.

Florida Star v. B.J.F (1989)

-6-3 -HOLDING: The court ruled that if a newspaper lawfully obtained truthful information about a matter of public significance, then state officials may not punish publication of the info, except to further a state interest of the higher order.

Roe v. Wade (1973)

-7-2 -A Texas law prohibited abortions except to save the pregnant woman's life. -QUESTION: is there a constitutional tight for a woman to terminate her pregnancy by abortion? -CONCLUSION: Court held that a woman's right to an abortion fell within the right to privacy (Griswold v. Connecticut) and is protected by the 14th Amendment.

New York Times v. Sullivan (1964)

-9-0 -Montgomery commissioner of public affairs, L.B. Sullivan sued New York Times for publishing an ad libeled him and won $500,000 settlement, which was upheld by the Alabama Supreme Court. -ISSUE: can a public official win a libel action based solely on a "trust of truth"? -HOLDING: NO, a public official can only win libel action based on criticism of official conduct, (if the official can prove actual malice) -OPINION: Justice William Brennan: fear of libel prosecution would have a chilling effect on speech and would be "... comparable to 'self-censorship'".

Griswold v. Connecticut (1965)

-A Connecticut law criminalized counseling, and other medical treatment, for married persons of the purposes of preventing conception. Griswold was the executive director of Planned Parenthood-- Griswold won. -QUESTION: does the constitution protect the right of marital privacy against state restrictions? -Although the Constitution DOES NOT have a specific right to privacy, carious guarantees in the Bill of Rights creates "zoner" establishing a right to privacy, such as in marital relations.

Feist Publication, Inc. v. Rural Telephone Service, Co. (1991)

-A regional phone book company... "The phone book case" Data list. -A "Yellow Pages" directory may be copyrightable because of layout, design, etc.

Duncan v. WJLA-TV (1984)

-A woman's photograph was broadcast in a TV report with accompanying narration: "For the 20 million Americans who have herpes, it's not a cure" -QUESTION: did she have a valid false light claim that viewers might infer that she has herpes? YES.

NAACP v. Alabama (1958)

-Alabama law required the Alabama NAACP to give members names and addresses to the Alabama Attorney General. -QUESTION: did this law violate the Due Process Clause of the 14th Amendment? -Court ruled that it did and affirmed association rights. Forced disclosure had the effect of suppressing legal association for no "overriding valid interest of the state".

Jackson v. Longcope (1985)

-Anthony Jackson was a convicted murderer. -Jackson sued Boston Globe reporter Kay Longcope. -She wrote that he had raped and strangled several young women and used a stolen car... -"Not all true"---"Not all were raped... car wasn't stolen"

Florida v. Rolling (1994)

-Autopsy and crime scene photos example case. -Gianni Versace.

Campbell v. Acuff-Rose Music, Inc. (1994)

-Case description: ~Luther Campbell of 2LiveCrew and Luke Skywalker Records were sued for parody of Roy Orbison's "Oh Pretty Woman". ~Acruff refused permission. -ISSUE: can the fair use doctrine protect a parody from a copyright infringement claim? -HOLDING: In this case, YES. ~Purpose of use-- parody. ~Nature of work-- difficult to determine fair use amount and substantially: after opening riff and lyrics, the song departed markedly from original. ~Effect on market value-- song had different audience.

Burnett v. National Inquirer Inc. (1983)

-Court of Appeals of California, Second Appellate District Division two. July 18, 1983. -Allegedly drunkenly made a fool of herself at a restaurant with Henry Kissenger. -Bad because her mother was an alcoholic; Carol does NOT drink.

Pope v. Curl (1741)

-English courts established Alexander Pope's right to the words he had written. -Edmund Curl owned the "property of paper"; not the words of Pope. -American Privacy rights developed over concern with fundamental rights of life, liberty, and property. -The rights of property and trespass are inextricably bound to the history of the right to privacy.

New York Times, Co. v. NASA (1991)

-Examples from bullet point- Some rulings balancing privacy with FOIA have focused on the rights of family members of deceased individuals.

Condon v. Reno (1998)

-HOLDING: release of sale of drivers' license info is interstate commerce and can be regulated by congress under the "Driver's Privacy Protection Act of 1994 (DPPA)". -Precedent for congress regulating what happens with your information.

Hustler Magazine v. Falwell (1988)

-Hustler published "advertising parodies" with public figures in fake Campari ads discussing their first sexual encounter. "You never forget your first time."

Harper and Row Publishers Inc. v. Nation Enterprises (1985)

-ISSUE: does "fair use" sanction the unauthorized use of quotations from a public figure's unpublished manuscript; does publication of such newsworthy material have First Amendment protection?

Brown v. McCain

-Jackson Brown filed a copyright infringement lawsuit in 2008 seeking a permanent injunction and damages from John McCain for a video that appropriated the song "Running on Empty". -A settlement was reached in July 2009. Brown received an apology and an undisclosed sum of money.

Roberson v. Rochester Folding Box Co. (1902)

-PRIVACY CASE -RULING: court refused to recognize legal recourse for "intangible mental harm" because "the so-called 'right to privacy' had not yet found an abiding place in our jurisprudence..." -Used women's photo on a box without her permission; she lost because there was no law for this yet. -It required written consent to use a living person's name, portrait or picture for advertising purposes.

New York Times v. Sullivan (1999)

-Supreme Court ruled that newspapers and magazines did NOT have the right to publish freelance work on websites or electronic archives without permission from freelancers. -Most media contracts now require this permission for freelance work.

Dept. of Justice v. Reporters Committee For Freedom of Press (1989)

-The FBI denied FOIA requests by CBS news and the.. -Can FBI refuse to rela=ease a crime record to a 3rd party under the "personal privacy" invasion exemption FOIA? YES

Wheaton v. Peters (1834)

-The U.S. supreme Court made its forts copyright ruling in this case. -Henry Wheaton sued Richard Peters Jr. for copyright violation of Wheaton's reports, a compilation of Supreme Court decisions. -Court upheld congress' power to grant copyright protection.

Galella v. Onassis (1972)

-U.S. State Court of appeals for the second circuit. -Paparazzi knocked Caroline Kennedy off of her bike. -Tailored to protect Onassis for "paparazzi". -It could not unnecessarily infringe on reasonable efforts to "cover" defendant.