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32 Cards in this Set
- Front
- Back
Define false light:
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publicizing false facts about a person who is identified in a way that any reasonable person would be highly offended.
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(FALSE LIGHT)
Gill vs Curtis Publishing |
Curtis pub runs headlines "the dangers of love at first sight"
-runs a file photo of Gill and Husband - Gills sue and win |
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(FALSE LIGHT)
Leverton vs Curtis Publishing |
-Gill runs a story " pedestrians are dangerous"
- pic is of little girl Leverton crying in the street. was hit by a car. -facts: car ran the light. this is a filed photo. -levertons sue and win |
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(FALSE LIGHT)
Duncan vs WJLA-TV |
-Duncan a woman, walking on the street. WJLA takes video of her.
- story runs " one in ten women have genital herpes" -court rules once for her and once against her.. based on the position of the footage in the story. |
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(FALSE LIGHT)
Time vs Hill |
Time takes actors to what used to be the home of the Hills and takes photos for a play that was to be based on when prisioners took over their house. Hill doesnt like the way that the whole thing was portrayed and sues.
-he loses because their was no malice. |
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(EMOTIONAL DISTRESS)
Armstrong vs HC Communication |
a little girls remains are found and the reporters put it on TV.
-parents sue, HC settles out of court. |
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(EMOTIONAL DISTRESS)
Hood vs Nader |
there is a robbery and a shooting at a gas station, the reporters write that "mr. hood" was the only eye witness.
- hood sues because they just told the killer his name. -Hood loses. |
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(EMOTIONAL DISTRESS)
Times Mirror vs SD superior court. |
-the roommate case. similar to the Hood/Nader case
- Times Mirror goes to try to get a summary judgement and end up settling out of court |
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(EMOTIONAL DISTRESS)
KOVR TV vs Superior court of Sacremento |
There is a sucide in a neighborhood and the TV reporters interview some kids "so how do you feel about this suicide?'
- parents sue and win |
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(EMOTIONAL DISTRESS)
Hustler vs Falwell |
Making a spoof on a Campari ad, "my first time" Hustler spoofed Falwell "sex with his mom in the outhouse"
- Falwell sues and loses. -It was too outrageous to be thought to be true by anyone. |
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3 rights concerned with Access to the News:
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1. the right to news scenes
2. right to obtain government docs 3. right to attend government meetings |
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The basic legal problem with news scences is_________.
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trespassing
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(ACCESS TO NEWS)
Fletcher vs Florida publishing |
Flectcher's house burns down and media go with the FD the next day. The media run a picture of a charred outline of her daughter on the ground and she sues.
- Sullivans lose because of "Common Custom" |
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(ACCESS TO NEWS)
Houchins vs KQED |
there is a suicide at the county jail. reporters want to go in. they sue for access and lose.
-The dont want to make prision rock stars etc. |
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(ACCESS TO NEWS)
Pell vs Procunier |
Jail riot in california, media wants to talk to the "Soledad Brothers" jail says no.
-Media sue and lose. |
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What does Common Custom say?
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1. public officials can bring the press
2. nobody was there to deny entry into the the building |
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(ACCESS TO NEWS)
Daily Herald vs Munroe |
a law was revoked that said that reporters had to be at least 300 feet away from a polling place.
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(ACCESS TO NEWS)
Miller vs NBC |
NBC is doing a story on the intense stresses of being an EMT and they do a ride along
- Mr Miller has a heart attack -NBC airs the story and Mrs Miller sues stating trespassing. -she wins becuase she was in a "disorienting circumstance" |
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(ACCESS TO NEWS)
Oak Creek vs King |
Polices wouldnt let the media get down the access road to a plane crash
- they sue and lose= the court favored the job of the police first.. safety etc. |
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(ACCESS TO NEWS)
Le Mistrel vs CBS |
restraunt owner declines media interview, tells them not to come into his resturant with their cams. They do. He sues and wins.
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Wilson vs Layne
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-seems to overturn common custom
-Mr wilson, the father of a fugitive gets pics taken of him at his house at 645am while the cops are looking for his son - he sues the cop and wins |
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(ACCESS TO NEWS)
Portlands Helicopter Policy (remember the hostage situation with the helo) |
1. no live footage until permission granted
2. stay high, due to noise 3. stay further, for safety etc |
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When was FOIA signed into law?
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July 4th 1966, Johnson
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2 (of 9) important exemptions:
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1. national security
2 Business info/Trade secrets |
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What group helps with the FOIA process and questions?
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Reporters Committee for Freedon of the Press
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What are the laws that require that government business be done in the open called?
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Sunshine laws
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In order for the government to hold an ___________, they must have justifiable legal reason.
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executive session
(to inclued but not limited to, presonnel issues and pending legal matters) |
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What is the Exclusionary rule?
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Any improperly obtained evidence is inadmissable in court
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Free Press vs Fair Trial refers to the struggle between the_____ and _____ amendments.
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1st
6th |
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5 types of Prejudicial information
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1. confession
2. previous criminal history 3. speculation about witness testimony 4. lifestyles/character flaws 5. Test results (some which may not be admissable in court) |
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5 things a judge can do to offset predjucial information:
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1. admonishment
2. jury selection 3. continuance 4. sequestering 5. change of venue |
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What are 5 direct controls that the courts will try to place on the media?
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1. close the court to the outside
2. prior restraint 3. close the pretrail hearing 4. close jury selection 5. refusal to allow cams in the court |