MC 401 test 2
What is Roe v. Wade 1973
A Texas law prohibited abortions expect to save a woman's life.
What is Browne vs. McCain?
Jackson Browne sued McCain for "appropriating the song Running on Empty during 2008 campaign and the court ruled with Brown saying political rally is not an exception because it is not political speech
What is the question in Tinker vs Des Moines?
Is wearing arm bands considered "symbolic speech" that was 1st amendment protected?
Why is copyright important?
It indicates a work is *not* a public domain
Why is newsworthiness a strong defense?
It is liberally interpreted
Why is Brandenburg vs. Ohio (1968) important?
It is the last time sedition is used
Why is Chapinsky vs. New Hampshire (1942) important?
It is the last time the Fighting Words Doctrine is used
What is a tort of appropriation?
Use of a person's name, likeness, or images w/o permission for commercial gain
What is FIOA?
freedom of information act. Request confidential info from government for news reporting purposes
Common law says you can record anything you see in a public place but can't...
harass or use equipment to better enhance
What is Griswold vs. Connecticut 1965. 7-2 null and void?
A CT law didn't let married couples go to Planned Parenthood for contraception.
What is Kincaid vs. Gibson 2001
- 1994 Kentucky state university administration confiscated all copies of yearbook b/c yearbook cover and current events were inside - US 6th court of appeals ruled that Hazelwood case did not apply and students first amendment rights were violated
What happened in Abrams vs. US 1919. 7-2?
- Abrams convicted for distributing leaflets encouraging U.S. factory workers to strike - Such actions would halt the production of weapons to be used against Russian Revolutionaries - SCOTUS affirmed the conviction using the bad tendency test but Justice Holmes and Brandeis dissented
What is Gitlow vs. New York 1925. 7-2?
- Ben Gitlow published the Left Wing Manifesto advocating the violent overthrow of the government - Gitlow is convicted of the NY Criminal Anarchy Law - This started the Doctrine of Incorporation
What is Chapinsky vs. New Hampshire 1942. 9-0?
- Chapinsky yelled "you are a damned racketeer" and "damn fascist" to a marshal trying to stop him from preaching on a public sidewalk - State statute prevented intentionally offensive speech
What happened in Schenk vs. US 1919. 9-0?
- Charles Schenk was found guilty of violated espionage act and mailing resistance materials - Schenk lost his appeal that espionage act violated the first amendment - reasoning b/c "clear and present danger" during wartime utterances tolerated in peacetime can be punished - cannot create panic out of no danger/ can't scream fire in movie theater.
What is Virginia vs. Black 2003. Plurality?
- Cross-burning is not prima facie (acceptable) evidence of intent to harm (KKK ideology) -intimidating language can be limited b/c such expression has a long history as a signal of impending violence
Hosty vs. Carter 2005
- Governors State University wanted prior restraining and approval of school newspaper, the Innovator. - a student, margaret hosty, had criticized a school official in newspaper -7th us court of appeals extended hazelwood's free expression limits to college campuses
What is the Booth Rule
- It is not a violation to use a person's name or likeness in reporting the news or news content of the publication - photos and interviews for one media outlet cannot be used by another without permission, especially if such indicates that the person endorses the publication
What is Near vs. Minnesota 1931 5-4?
- Jay Near published The Saturday Press, targeting Catholics, Jews, Blacks, and labor unions. - Near was convicted of MN public nuisance law - SCOTUS says it violates first amendment - Used Doctrine of Prior Restraint
What did the justices state in Morse vs. Frederick (2007) 5-4
- Justice Stevens dissented that sign was nonsense - Justice Alito (concurring); ruling applied only to pro-drug messages -- not broad political speech - Thomas (concurring)
What is Campbell vs. Acuff-Rose Music, Inc. 1994
- Luther Campbell of 2 Live Crew and Luke Skywalker Records were sued for parody of Roy Robinson's "Oh Pretty Women" - Acuff refused permission - Rules in favor of 2 Live Crew b/c it's a parody and markedly different
What is consent?
- Must be in a legally enforceable form - a contract that complies with contract law - the contract must offer proof
What is Cohen vs. California 1971. 5-4?
- Paul Cohen entered LA county courthouse w/ his jacket saying "F--- the draft"
NY Times vs. Tasini 1999
- SCOTUS ruled that newspapers and magazines did NOT have the right to publish freelance work on websites or electronic archives w/o permission from freelancers - most media contracts now require this permission for freelance work
What are the three kinds of public school publication?
- School sponsored newspapers: The CW - Student controlled newspapers produced on campus - Student newspaper distributed and produced off-campus
What is RAV vs. St. Paul 1992. 9-0?
- St. Paul, MN ordinance prohibited fighting words on the "basis of race, color, creed, religion, or gender" -SCOTUS ruled it unconstitutional (not content neutral) "it prohibits otherwise permitted speech solely on the basis of the subjects of the speech addresses - "state has to prove the purpose to intimidate" - Just O'Connor
What is Terminiello vs. Chicago 1949. 5-4?
- Terminiello violated a Chicago statute by yelling insults at a group protesting his anti-Semetic speech - SCOTUS ruled statute is overbroad - allowed convictions for both fighting words and protected speech
What is the difference between Hazelwood SD vs. Kuhlmeier (1988) 5-3 and Tinker vs. Des Moines
- The Tinker ruling concerned students personal expression on school property - Hazelwood concerned school authority over school-sponsored publications
What is Wheaton vs. Peters 1834
- Wheaton sued Peters for copyright violation of Wheaton's Reports a complication of SCOTUS decisions - SCOTUS upheld congress' power to grant copyright
What problems do college journalists face/
- access to information - advertising regulation - theft of controversial issues
What is Morse vs. Frederick 2007. 5-4
- at a school sponsored event, Joseph Frederick held up a "bong hits for Jesus" banner - Principal Deborah Morse suspended Frederick for violating school policy against promoting illegal drugs
What are the two types of false light torts?
- distortion - fictionalization
What is work for hire?
- employee work under job guidelines - work such as freelance writing, ordered by entity such as mag publisher
What are the four criteria for privacy laws in Colonial England as established by David Flaherty?
- laws against trespass. - limits on gov't search and seizure. - defamation. - privileged comm. b/w husband and wives.
What is the difference between libel and privacy
- libel: protect from false statements that tend to harm a person - privacy: protect a person from the publication of statements, even if true, are none of the public's business
What is a false light tort?
- published information that is false or places the plaintiff in a false light
What is the ruling on Cohen vs. California (1971)?
- the fighting words were not directed at an individual and were unlikely to provoke physical action
Examples of student speech on the web
- youtube videos - facebook - criticizing administration, fellow students, bad behavior
What is Hazelwood School District vs. Kuhlmeier 1988.
-Hazelwood East HS newspaper, Spectrum, planned an edition with articles on birth control, teenage pregnancy, juvenile delinquency, and divorce - Principal objected to two of the articles and had them deleted without informing the student journalists
What happened in Tinker vs. Des Moines, Ind. Community and School District 1969?
-In 1966 three des Moines public school students violated a school policy and wore black bands to school to protest the Vietnam War - Students challenged on 1st Amendment grounds - Federal district court and court of appeals sided with the schools
What is Brandenburg vs. Ohio 1968 per curiam?
-KKK leader convicted for violating an Ohio law making it illegal to engage in "mere advocacy" of an illegal action at a later time - SCOTUS overturns using clear and present danger test
What is Galella vs. Onassis 1972
-This tailored to protect Jackie Onassis from "paparazzo" -It could not unnecessarily infringe on reasonable efforts to "cover" defendant
What are the requirements for the Clear and Present Danger Test?
1) did the speaker intend to incite lawless action 2) is there imminent danger 3) is the advocated action lawless 4) is it likely the actions will be carried out
When was the first photo copyrighted?
1884
How long is the statute of limitations for infringement?
3 years
What did John Stuart Mills establish?
A person must answer to society only for conduct that concerns others.
What do owners have control over for copyright?
Copying and reproduction. Derivatives. Authority to publish sell/ loan/ rent copies. Right to display/reform work. Moral rights to be known as the author of a work. The right to withdraw a work from distribution
What is Duncan vs. WJLA-TV 1984
A woman's photograph was broadcast in a TV report w/ the accompanying narration "for the 20 million Americans w/ Herpes, there is not a cure" and she sued for false light
What is the ruling in Roe v. Wade (1973)?
A woman's right to choose falls within right to privacy as established in Griswold v. Connecticut and is protected by the 14th amendment
What is NAACP vs. Alabama 1958
AL law required the AL NAACP to give members' names and addresses to the AL attorney general
what does not apply in compilation?
Addresses and stock abbreviations
What is the trademark act of 1946?
Any word, name, symbol or device to distinguish goods from another
What is the Leonard Law?
Applies the first amendment to private college and universities
What is the ruling in Griswold vs. Connecticut (1965) 7-2?
Bill of rights sets up zones of privacy such as marital relations
What are the Anti-Hazelwood Statutes
California bans prior restraint on public school newspaper articles unless content is "obscene, libelous or slanderous" or would cause "substantial disruption on a school's orderly conduct"
What is the question in Griswold vs. Connecticut (1965) 7-2?
Can the gov't interfere with married couples' personal lives?
What is Gov't/Fed employees in copyright ownership exceptions?
Cannot own a copyright for works published by the government
What happened in Cher vs. Forum Int Ltd?
Cher did an interview thinking it'd be used in a certain publication but it ended up being in a different magazine owned by Forum Int Ltd.
What does the Doctrine of Prior Restraint not protect?
Child pornography and false advertising
What is a tort of appropriation also called?
Commercial appropriation and right of publicity
What are examples of invasion of privacy legal defenses?
Consent, newsworthiness, and legitimate public interest
What is the question about Time Inc. vs. Hill 1967. 6-3
Did Life Magazine have first amendment protection for reporting a new play portrayed an experience suffered by Hill and his family.
What is the question concerning NAACP vs. Alabama 1958
Did the law violate due process of the 14th amendment?
What is the question in Roe v. Wade (1973)?
Does a woman have a constitutional right to terminate a pregnancy?
What is the question in Bethel School District vs. Fraser (1986) 7-2
Does the first amendment prohibit a school district from suspending a student who uses lewd languages at a school assembly?
What is Bethel School District vs. Fraser 1986. 7-2
During a school assembly, Matthew Fraser used sexual metaphors in his speech nominating a student for elective office. Fraser was suspended for conduct which "substantially interferes with the educational process... including the use of the obscene, profane language
What is a distortion false light tort?
Embellishment, omission, or misrepresentation of facts or photos
T/F publication of private torts is recognized in all jurisdictions?
False
What are the conditions for a false light tort?
Highly offensive to a reasonable person, Publication: knowledge or reckless disregard to whether the info is false, and Identification of the person
What is the Bad Tendency Test?
If the speech can offend someone it is not protected - this is NOT widely accepted
What is the fair use doctrine?
Intellectual property used for purposes such as edu, criticism, comment, news reporting scholarship/noncommercial research
When does intrusion occur?
Intrusion occurs when there is a reasonable expectation of privacy.
What is the Alien and Sedition Act 1798-1801?
Made it a crime to publish "false and scandalous writing" about the government
Is the word privacy in the constitution?
NO
What happened in Namath vs. Sports Illustrated 1975
Namath sued SI for using his cover in an ad campaign w/o his permission - Namath did not win because SI owns the pictures
Were students' first amendment rights violated when the principal deleted the articles in Hazelwood School District vs. Kuhlmeier (1988)?
No
What is the Doctrine of Incorporation?
No state can pass a law that violates constitutional rights
What is the Espionage Act of 1917 and the Sedition Act of 1918?
Passed to suppress WWI protests
How do you prove infringement?
Plaintiffs must prove: - copyright ownership of original work - exclusive rights were violated - certain the work was copied - access and substantially similar
What is the copyright term extension act of 1998?
Protection for life of the author +70 years for works created after 1977
What is a private tort?
Publication of embarrassing or highly private matters, that are true but are not of legitimate public concern.
What is a fictionalization false light tort?
Purposeful distortion or embellishment w/ imaginary details, usually for dramatic purposes (includes invented, dialogue, composite, characters)
Feist Publications, Inc. vs. Rural Telephone Services Company 1991
Regional phone book using material from a small directory was not original enough to be copyrighted
What must you do to sue for copyright infringement?
Register a work originating in the US
Where must trademarks be registered?
Registered with the US patent and trademark office
What is Robertson vs. Rochester Folding Box Company 1902
Ruling: court refused to recognize legal recourse for "intangible mental harm" b/c "the so-called right of privacy"
Why is Terminiello vs. Chicago (1949) important?
Said fighting words must be aimed at an individual
Who is the Booth Rule named after?
Shirley Booth
Why did the US join the Berne Convention in 1989?
So the US would follow Berne Convention Standards
What did SCOTUS rule in Virginia vs. Black (2003)?
Strikes down VA provision b/c it was facially unconstitutional b/c its "indiscriminate coverage"
What was ruled in Tinker vs. Des Moines 7-2
Students have the right to express opinions on controversial subjects without materially or substantially interfering with school operations or rights of others in public expression
What is Pope vs. Curl (1741)
The English courts established Alexander Pope's right to the words he had spoken even though he wrote on the paper that Curl owned.
What is an example of a fictionalization false light tort?
The Help lawsuit
What is another name for NYT vs. US (1971)?
The Pentagon Papers
Who does the copyright belong to?
The author of the work
What theory is used in NYT vs. US (1971)?
The checking values theory
What is the ruling in Lawrence v. Texas (2003)?
The court affirmed constitutional privacy 6-3
What did the court rule in NAACP vs. Alabama (1958)?
The court ruled Alabama violated due process and affirmed ASSOCIATED RIGHTS
What happened in Florida Star vs. BJF 1989. 6-3
The court ruled that if a newspaper LAWFULLY obtains truthful information about a matter of public significance, then state officials may not punish the publication of the information.
What is the holding in the Time, Inc vs. Hill (1967) 6-3
The court sided with Time applying the actual malice standard to false light in privacy cases
What is the holding in Bethel School District vs. Fraser (1986) 7-2
The first amendment does NOT prevent schools from prohibiting speech which is not included in the "fundamental values of public education"
Does copyright protect the form of the idea or the idea itself?
The form of the idea
What is redacted?
The government blacking out information in government materials obtained through FOIA
What are the requirements for the Doctrine of Prior Restraint?
The government can't stop you from publishing your ideas that are critical, burden of proof is on the government, restraint must be narrowly tailored, and speech scope of 1st amendment may be restrained proceeding to determine is not protected.
What did Robertson vs. Rochester Folding Box Co. (1902) promote?
The public outcry promoted the NY legislation to pass the country's first statutory privacy law which required written consent to use a living person's name, portrait, or pictures for advertising purposes.
What do property laws concern?
They concern ownership of things and rights ownership
What have some rulings done to balance privacy with FOIA?
Those rulings focus on the rights of family members of the deceased individual.
What is the oldest right-to-privacy tort?
Tort of appropriation
T/F Consent given today may not be valid in the future
True
What is Lawrence v. Texas 2003
Two police officers busted into the wrong home and found two men in relations. A Texas statute outlawed gay sex.
Hosty v. Carter 2005 significance
We don't know whether or not public universities will be held to the Hazelwood standard or whether the previous 60 precedents granting student editors wide 1st Amendment latitude will prevail It will take another case or additional precedents for us to be sure the Supreme Court DOES NOT support the Hosty application of Hazelwood to public universities
What are fighting words?
Words so vile or obnoxious they are likely to prompt an immediate breach of the peace. physical injury
Can consent be lost if a photograph is substantially altered?
Yes
Can the FBI refuse to release a crime record to a 3rd party under "personal privacy" invasion exemption of FOIA?
Yes the court ruled that disclosing crime records to a 3rd party
Did the ban on arm bands as symbolic protest in Tinker vs. Des Moines violate the first amendment's guarantee of free speech?
Yes this is now known as the Tinker Standard and the Schoolhouse Gate
What is collective work?
a collection of preexisting works, many of which may be individually copyrighted
What is a Tort of Intrusion?
a highly intrusive physical electronic or mechanical invasion of another's solitude or seclusion ex. Topless pictures of Kate Middleton
What is derivative works?
an adaptation of original work
What is compilation?
an arrangement of material or data that already exists to create new original work
Why can Yellowpages be copyrighted?
because of layout, design, etc.
What are the conditions for publicity of private facts?
communicated to the world @ large, must be highly offensive, not just embarrassing, and Not newsworthy
What are intrusion defenses?
did not go on private property, consent, and common custom and usage - going on a property w/ law or fire officials
What is the copyright act of 1976?
extended copyright life to 50 years and is a federal law
What are the factors in basic guide for student expression?
is there a legit reason to regulate (i.e. student safety), is it school-sponsored speech, is the publication truly a public form, what is editorial control, what is the age of speaker and audience, where does speech occur, and what are educator's responsibility
What does collective work include?
magazines and lit anthologies, which will have their own copyright, while the individual works may refrain original copyrights
What is performance rights?
must pay someone to play their song
Who cannot give consent?
people underage, mentally ill, and prisoners
What are the requirements for giving consent?
person giving consent must be of age, something of value in return, and the person willingly entered into the contract
What does congress have the right to regarding copyrights and trademarks?
promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries
Copyright by definition
right granted by statute to the author or originator of certain literacy or artistic productions, whereby he is invested for a *specified period* with a *sole and exclusive privilege* of multiplying copies of the same and publishing and selling them
What is a service mark?
symbols like radio call letters or "Elvis" identify services rather than products
What is the DOJ vs Reporter's committee for Freedom of the Press 1989
the FBI denied FOIA requests by CBS news and the RCFP for Charles Medico's rap sheet containing "matters of public interest"
Mere Advocacy
the duty, necessity, or propriety of crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform. and for. voluntarily assembl[ing] with any society, group or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism.
What is the main factor in the fair use doctrine?
the effect on the plaintiff's potential market
What is associated rights?
the forced disclosure had the effect of suppressing legal association for no "overriding state interest"
What is the holding for NYT vs. US (1971) per curiam 6-3?
the government failed to meet its heavy burden or justifying the prior restraing
Who must give permission for derivative works?
the owner
What is the first sale doctrine?
the purchaser of a copyright item may use, lend, sell and give it away but *cannot make or distribute copies of the item*
How has SCOTUS recognized privacy?
the right to be free from unreasonable gov't intrusion and eavesdropping. The court acknowledges a "zone of privacy"
What does derivative works include?
translation of languages, movie adaptations, character toys based on comics, cartoons
What is NOT a defense for private torts?
truth
What is the issue for NYT vs. US 1971. per curiam 6-3?
unsigned by the court. Does the national security justify prior restraint of the press
What are copyright ownership exceptions
work for hire and government/federal employees
What constitutes as proof?
written is better than oral, oral is better than implied, and implied is better than nothing
Can schools prohibit students from displaying messages promoting illegal drug use without violating the first amendment?
yes, deterring drug use among schoolchildren is a compelling government interest
