JOUR 303 Attendance
In its decision in New York Times v. Sullivan, the U.S. Supreme Court created and applied the "actual malice" standard. The court defined "actual malice" as
Knowledge that a statement was untrue, or reckless disregard for whether the statement was true or false
A reporter getting herself committed to a mental hospital to report on conditions there Is it legal? Is it ethical?
Legal and ethical
Accompanying police on patrol, filming their activities and interactions with the public Is it legal? Is it ethical?
Legal and ethical
Flying a drone to take a picture of a closed political fundraiser at a estate home Is it legal? Is it ethical?
Legal and ethical
Operating a fake business to catach corrupt officials Is it legal? Is it ethical?
Legal and ethical
Posing as professionals to uncover seminars teaching corrupt practices Is it legal? Is it ethical?
Legal and ethical
Take photos of police on patrol in a public park Is it legal? Is it ethical?
Legal and ethical
Take photos of a celebrity's children walking to school Is it legal? Is it ethical?
Legal but not ethical
Reporters using hidden cameras Is it legal? Is it ethical?
Legal unless there is reasonable expectation of privacy Ethical
Should records of gun license holders be disclosed?
Maybe States statutes on this issue vary. Many states restricted access after a New York newspaper published a map of licensed gun owners
Should police body cam videos be disclosed?
Maybe States' statutes on this issue vary
Should military weapon specifications be disclosed?
No Likely exempt under FOIA exemption 1
Should a government employee's personnel file be disclosed?
No Likely exempt under FOIA exemption 6
Should map of a city's sewer system be disclosed?
No Likely exempt under the Critical Infrastructure Information Act
Should the log of visitors to the President be disclosed?
No Not subject to FOIA, and under the Presidential Records Act access may be delayed
Should the NAACP in NAACP v. Alabama ex. Rel. Patterson voluntarily disclose its confidential information without going to court?
No, Supreme Court held that disclosure is not required
Should the Socialist Workers Party in Brown v. Socialist Workers '74 Campaign Committee (Ohio) voluntarily disclose its confidential information without going to court?
No, Supreme Court held that disclosure is not required
The free speech and free press provisions of the First Amendment of the US Constitution apply to actions of al of the following EXCEPT
International Organizations
Under the British common law definition of libel as defined by William Blackstone, if a statement that hurt someone's reputation was actually true
It was a more serious crime
Should Yelp in Yelp v. Hadeed Carpet Cleaning voluntarily disclose its confidential information without going to court?
No, Virginia court held that disclosure is not required
The U.S. Supreme Court's deicsion in Near v. Minnesota was an early ruling for the idea that
Offensive language is protected by the First Amendment
Which of the following is likely to be a clear violation of the 1917 Sedition Act?
Telling war draftees to be conscientious objectors
Which of the following likely presents a threat of "imminent lawless action"?
A speech from the steps of the state capitol building to a boisterous crowd, ending with, "The GOvernor's in there. Let's go get him!"
First Amendment advocates see leak investigations and prosecutions as threats to freedom of the press because
All of the above -They may inhibit the press from uncovering government impropriety -They are expensive to litigate -They may expose the identities of confidential sources
Government restrictions on speech in a particular physical location must
Allow alternative means of conveying the message
Taxes and other regulations on the media must
Apply equally to media regardless of their content
Which of the following likely presents a "dangerous tendency"?
Calling for the overthrow of the government
Aside from possible prosecution under the Espionage Act, government and military employees and contractors are likely subject to court proceedings under
Contracts they signed upon employment
Which of the following was likely to be a clear violation of the 1789 Sedition Act?
Criticizing the president of the United States
Which of the following IS NOT a constitutionally acceptable way to react to a Supreme Court ruling with which you disagree
Denounce the court and ignore the ruling
Texas v. Johnson 491 U.S. 397 (1989)
Facts: Gregory Lee Johnson burned an American flag in front of Dallas City Hall, protesting the 1984 Republican convention. The flag had been stolen Procedural History: Johnson was convicted under a Texas law banning flag - burning. His conviction was overturned by the Court of Appeals, but reinstated by the Texas Court of Criminal appeals Legal Issue: Is burning the flag in political protest protected by the First Amendment? Decision: Five-member majority said it is. Law is content-based restriction that does not serve a compelling state interest Concurrences/Dissents: four justices said that the government may protect the flag as a national symbol Legal Rule: burning the flag as a form of political protest is protected by the First Amendment, and cannot be prosecuted as a crime
The constitutional requirement that statutes not be so vague that they are impossible to understand is required by the
Fourteenth Amendment
Reporters paying for confidential information Is it legal? Is it ethical?
Generally OK legally, but depends on the nature of the information (e.g. not classified information) Not ethical
In Elonis v. U.S., the Supreme Court reversed Elonis's conviction for his Facebook posts threatening his ex-wife and others on the grounds that
His posts were not made with any intent to carry them out
For which of the following is a subpoena required?
Police recording a suspect's cell phone calls, police attaching a tracking device to someone's car, policing accessing searching the cell phone of someone they've arrested
Which of the following is NOT clearly illegal for a reported to do?
Post online recordings of someone's voicemail that the reporter gets from a source
City councilwoman's son is gay
Private Concern
President of big local company in (personal) financial trouble
Private Concern
USC professor's vote for president
Private Concern
USC student's social media posts
Private Concern
Average USC Student
Private Figure
Criminal defense lawyer
Private Figure
Local construction company
Private Figure
Manager of Bi-Lo Supermarket
Private Figure
USC Media Law Professor
Private Figure
Depictions of violence
Protected
Big local company in financial trouble
Public Concern
City councilwoman is gay
Public Concern
City councilwoman's DWI arrest
Public Concern
Local resident's DWI arrest
Public Concern
USC Budget
Public Concern
Union picketing of a local business
Public Concern
Candidate for US President
Public Figure
Columbia city police chief
Public Figure
Governor of SC
Public Figure
President of the US
Public Figure
USC football coach
Public Figure
In which of the following locations would someone likely NOT have a reasonable expectation of privacy?
Public sidewalk & movie theater
The primary rationale of the Supreme Court's decision in favor of The New York Times and the Washington Post in New York Times v. U.S. was that
Releasing the historical information in the Pentagon Papers would not undermine the war effort
Which of the following would be likely to lead to "private facts" concerns?
Revealing that a closeted lesbian is gay & a sports website discussing a surfer's embarrassing personal life
Unfounded accusations that politicians are corrupt
Should NOT be protected
Anti-semitic statements
Should be protected
Racist statements
Should be protected
Statements invoking negative stereotypes of a particular group
Should be protected
Protests at military funerals
Should be protected as long as they don't directly disrupt
Profanity ("dirty words")
Should be protected except on TV/radio during the day
Cross burning with property owner's permission
Should be protected unless meant to intimidate
Which of the following is NOT a constitutional rationale for open courts under the Sixth Amendment?
So the media can report on trials
Which of the following is NOT a requirement for a successful "false light" claim
Statement must be about a public figure
"I know you are an ax murderer"
Statement of Fact
"I think you are a crook"
Statement of Fact
"I think you stole my wallet"
Statement of Fact
"I wish you weren't an ax murderer"
Statement of Fact
"People say you cheat on your taxes"
Statement of Fact
"You stole my wallet"
Statement of Fact
"I hate you"
Statement of Opinion
"I think you're an idiot"
Statement of Opinion
"We all think you're an idiot"
Statement of Opinion
"You're an idiot"
Statement of Opinion
The Supreme Court majority held that the "actual malice" standard applied in New York Times v. Sullivan because
Sullivan was an elected public official
Falsifying a resume to get a job to report on public safety problems Is it legal? Is it ethical?
Technically not legal but damage may be outweighed by public interest Ethical
In addition to possible "private facts" claims, medical personnel and organizations that release a patient's medical information can also be subject to claims under
The Health Insurance Portability and Accountability Act (HIPAA)
In Time v. Hill, the Supreme Court ruled for Life magazine primarily because
The Hills had not shown that the magazine had acted with actual malice
L.B.Sullivan was not named in the "heed Their Rising Voices" ad that led to the New York Times v. Sullivan case. But he argued that he was nevertheless libeled in the ad because
The ad made false statements about the police department which he oversaw
Which of the following is NOT a constitutionally valid reason for a court to restrict press coverage of a case?
The judge likes to keep a low profile
In the legal citation of "Texas v. Johnson, 491 U.S. 397, 404 (1898), what does the number 397 indicate?
The page number of the case reported where the court decision begins
In U.S. v. O'Brien, the Supreme Court upheld O'Brien's conviction for burning his draft card on the grounds that
The purpose of the law against burning draft cards was to support the government's war effort, not to limit speech
A primary reason why the U.S. Supreme Court upheld prosecutions under the 1917 Sedition Act was
The speech could undermine the war effort
The government's primary argument for stopping publication of the Pentagon Papers was that
They contained information that would undermine the war effort
The original stated justification for secrecy of FISA Court proceedings was
To keep intelligence investigations and sources secret
Which of the following would likely NOT be the basis for a misappropriation / right of publicity claim?
Unauthorized use of competitor's trademark to advertise a product
The John Peter Zenger sedition case in 1734
Was a political victory but did not set a legal precedent that had to be followed in subsequent cases
In light of Tinker v. Des Moines School District and later cases, schools may punish student's speech
When it is disruptive to the educational purpose
Should presidential candidate's tax returns be disclosed?
Yes Disclosure by IRS would violate Privacy Act
Should birth certificates be disclosed?
Yes Generally available
Should mugshots of people when they are arrested be disclosed?
Yes Generally available
Should voter registration records be disclosed?
Yes Generally available (not how someone voted)
Should Josh Wolf in In re Grand Jury Subpoena, Joshua Wolf voluntarily disclose its confidential information without going to court?
Yes, Federal court held that disclosure was required
Should the Gay Marriage Referendum opponents in John Doe No. 1 v. Reed voluntarily disclose its confidential information without going to court?
Yes, Supreme Court held that disclosure is not required
Should the reporters (including Earl Caldwell) in Branzburg v. Hayes voluntarily disclose its confidential information without going to court?
Yes, Supreme Court held that disclosure is not required
