FBLA Journalism Important Court Cases

New York Times v. United States (1971)

- "Pentagon Papers Case" Nixon administration accused of preventing papers (NYT and Washington Post) from publishing classified materials regarding US activity in Vietnam for national security - verdict: "security" couldn't be used to violate 1st Amendment; allowed journalists to pursue classified info in interest of informing American people

Curtis Publishing Co. v. Butts (1967)

- coach sued for defamation because a article stated he had given plays to another coach. paper reopened the case because the actual malice standard hadn't been applied - verdict: reach of NYT v. Sullivan (actual malice) was extended to public figures instead of just public officials

Near v. Minnesota (1931)

- covered concept of prior restraint (censorship imposed by gov't before publication in media) - verdict: except in extreme cases, censorship is unconstitutional and the first amendment stands

Branzburg v. Hayes (1972)

- covered reporter's privilege (a reporter's protection from being compelled to testify about confidential info or sources) -verdict: (if no shield laws) requiring reporters to disclose confidential info to grand juries doesn't violate the 1st amendment; reporters cannot avoid testifying to a grand jury

Obsidian Finance Group v. Cox (2012)

- group sued a blogger for defamation because some posts contained factual information, took on the question of whether a blogger is a journalist and protected by shield laws - verdict: a blogger had now been charged w/defamation but wasn't protected by Oregon media shield laws because she wasn't a journalist

Gertz v. Robert Welch, Inc. (1974)

- lawyer, defending a murder suspect, sued for defamation after several misstatements were published, a trial court ruled actual malice needed to be proved, so brought to a higher court - verdict: a private person doesn't have to prove actual malice to prove libel, only negligence, even if defamatory comments concern public issues, because private persons are more vulnerable to injury and cannot easily defend themselves publicly

Blumenthal v. Drudge (1998)

- negative statements posted online about person, who sued for defamation - court dismissed case against host site but not the paper, settled out of court due to finances - verdict: refusal to dismiss case showed defamation laws apply online

New York Times v. Sullivan (1964)

- paper was sued for defamation for accidental mistakes - verdict: 1st amendment protects all statements, even false ones, against public officials, unless it is "actual malice" (when statements are known to be false)

Hazelwood School District v. Kuhlmeier (1988)

- principle barred school papers articles from publication - verdict: schools had a right to refuse speech/ news publication that was inconsistent with civilized social order that they were to maintain

Nebraska Press Association v. Stuart (1976)

- trial judge tried to keep reporters from publishing/broadcasting confessions during a murder trial - verdict: press has an ability/responsibility to provide info of public interest, this prior restraint violated 1st Amendment, this case showed that the Supreme Court would show a heavy presumption against any prior restraint case

Chandler v. Florida (1981)

- two police officers were being charged for grand larceny and objected to trial cameras in the courtroom, saying that it wouldn't be a "fair trial" - verdict: cameras did not prevent a fair trial and were allowed in the courtroom, but the issue is still controversial today

Cohen v. Cowles Media (1991)

- worker fired after being identified as a source after being promised confidentiality - verdict: first court granted compensation, state court said promissory estoppel law (can't break a promise) didn't apply to papers because 1st Amendment, Supreme Court said 1st Amendment didn't stop a promissory estoppel case, so press wasn't protected here and had to uphold confidentiality