Rules Of Law

Front 1

WXYZ vs. Hand

Back 1

No precedential value. Michigan sexual conduct code mandates district court judge to close a hearing if any parties request it. Gives Judge no discretion.

Front 2

Dickinson

Back 2

Don't violate a court order appeal it.

Front 3

Philadelphia v. Hepps

Back 3

The person suing must prove that a statement is false

Front 4

Milkovich v. Lorain Journal

Back 4

Fair Comment and Criticism
Protects hostile expressions of criticism as long as two qualification are met: 1) expression has to be based on facts that are correct and accurate 2) has to be a critique of the person's public performance rather than his or her privat life.

Front 5

New York Times v. Sullivan

Back 5

Actual Malice:
Plaintiff must prove that the item was published with knowing falsity and with reckless disregard of the facts, whether true or false

Front 6

Curtis Publishing v. Butts

Back 6

Extends the NYT standar to public officials AND public figures

Front 7

Gertz v. Welch

Back 7

Private individuals require a greater level of protection because they are more vulnerable to injury so actual malice does not apply. However, while private individuals deserve more protection, because the standard for recovery is less than was established in New York Times, there may only be recovery for damages that are sufficient to compensate him for actual injuries.

Front 8

Time v. Firestone

Back 8

To be considered a public figure an individual must thrust him/herself into a public controversy

Front 9

Evening News v. City of Troy

Back 9

To claim exemption for investigative records used in law enforcement proceedings, the agency must show how disclosure
of particular requested document would interfere with proceedings.
To determine whether an agency has met its burden under the Freedom of Information Act, the following rules should
apply:
a. The burden of proof is on the party claiming exemption from disclosure.
b. The exemptions must be interpreted narrowly.
c. The agency shall separate the exempt and nonexempt material and make the nonexempt material available for
examination and copying.
d. Detailed affidavits describing the material withheld must be supplied by the agency.
e. The justification for withholding must not be conclusory, i.e., a repetition of the statutory language.
f. The mere showing of a direct relationship between the records sought and an investigation is inadequate.

Front 10

Detroit Free Press vs. Oakland County Sherriff

Back 10

Release of “mug shots” is not a clearly unwarranted invasion of an individual’s privacy. Therefore, the “mug shots” maybe disclosed.

Front 11

Booth Newspapers vs. U-M Board of Regents

Back 11

Travel records in connection with a search for a university president are public records subject to disclosur

Front 12

Federated Publications Lansing State Journal vs. Board of Trustees MSU

Back 12

Informal meetings of regents of Michigan universities are exempt from Open Meetings Act laws.

Front 13

Bradley v. Saranac Board of Ed

Back 13

Personnel records of public school teachers and administrators including performance evaluations, disciplinary records and complaints, must be disclosed because they are public records and are not within any exemption under the Freedom of Information Act.

Front 14

Herald Company vs. EMU Board of Regents

Back 14

"factual material" that was not severable from the rest of the letter, which contained a summary of events from Doyle's perspective. He also found that the Doyle letter was preliminary to a final determination of policy or action, and that the public interest in encouraging "frank communications" outweighed the public interest in disclosure.

Front 15

Michigan Federation of Teachers vs. U of M

Back 15

Directory information of employees in public institutions, are not disclosable under the Michigan FOIA.

Front 16

State News vs. MSU

Back 16

There is no language in FOIA that requires a public body to continue to monitor FOIA requests once they have been denied. FOIA does not prevent a party that unsuccessfully requested a public record from submitting another FOIA request for that public record if it believes that, because of changed circumstances, the record can no longer be withheld from disclosure.

Front 17

Rosenbloom vs. Metromedia

Back 17

News about a person that is neither a public official or a public figure is not considered libel unless there is a reckless disregard for the truth or malicious intent. The burden of proof imposed on public officials extends to anyone involved in a matter of public concern, regardless of whether they were famous or unknown.

Front 18

Edwards vs. National Audobon Society

Back 18

The Doctrine of Neutral Reportage protects a journalist from liability for libel when the information published shows both sides and is of public interest.

Front 19

Wolston vs. Readers Digest Assoc.

Back 19

A private individual is not automatically transformed into a public figure just by becoming involved in or associated with a matter than attracts public attention. A livel defendent must show more than mere newsworthiness to justify the burden of Times v. Sullivan

Hint 19

A person getting involved in a controversy of a decidedly public nature in a way that invites attention and creates public interest, does not necessarily fall under the category of a public figure.

Front 20

Herbert v. Lando

Back 20

General vs. CBS - press has to answers questions in discovery with regard to editorial process and decision making

Hint 20

In a libel suit, a plaintiff should have the right to discover and inquire into the editorial process and states of mind of those responsible for the publication, in order to meet plaintiff's burden of proving "actual malice."

Front 21

Hutchinson v. Proxmire

Back 21

Only protected speech for senators is on the floor of the senate anything else is unprotected

Front 22

Harte Hanks Communications vs. Connaghton

Back 22

Corruption Case. Two sisters said a municipal judge candidate offered them money, dinners etc.

Actual malice is threshold but reporting must be thorough. In this case the newspaper ignored one witness, Thompson's sister, the editor did not listen to the tapes and a editorial was published three days before saying that unsavory conduct on the part of Connaughton would be forthcoming. All this indicates a reckless disregard for the truth.

Front 23

Masson v. New Yorker

Back 23

Must quote accurately

Hint 23

An inaccuracy that does not produce a different effect on the reader than that which the literal truth would produce would not suffice as ‘actual malice.’

Front 24

FOIA Exemptions

Back 24

1. Computer software is not included in the definition of what a public record is.
2. Personal information that would result in an invasion of privacy (15-243.1.A)
3. Law enforcement investigations (15-243.1.B, S)
4. Information that would jeopardize security at prisons (15-243.1.C)
5. Trade secrets (15-243.1.F)
6. Information given in the confidence of attorney client privilege (15-243.1.G)
7. Medical Records (15-243.1.H, L)
8. Appraisals for potential property acquisitions (15-243.1.J)
9. Examination information (15-243.1.K)
10. "Communications and notes within a public body or between public bodies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to a final agency determination of policy or action. This exemption does not apply unless the public body shows that in the particular instance the public interest in encouraging frank communication between officials and employees of public bodies clearly outweighs the public interest in disclosure" (15-243.1.M)
11. Information that would jeopardize security of individuals or infrastructure (15-243.1.N, U, Y)
12. Archaeological information (15-243.1.O)
12. Academic transcripts and personal information of students (15-243.1.Q, X)
14. Social security numbers (15-243.1.W)

Front 25

Open Meetings Exemptions

a-j

Back 25

Exemptions from disclosure; a. withholding of information required by law or in possession of executive office.
Sec. 13. (1) A public body may exempt from disclosure as a public record under this act:
(a) Information of a personal nature where the public disclosure of the information would constitute a clearly unwarranted
invasion of an individual’s privacy.
(b) Investigating records compiled for law enforcement purposes, but only to the extent that disclosure as a public record
would do any of the following:
(i) Interfere with law enforcement proceedings.
(ii) Deprive a person of the right to a fair trial or impartial administrative adjudication.
(iii) Constitute an unwarranted invasion of personal privacy.
(iv) Disclose the identity of a confidential source, or if the record is compiled by a law enforcement agency in the course
of a criminal investigation, disclose confidential information furnished only by a confidential source.
(v) Disclose law enforcement investigative techniques or procedures.
(vi) Endanger the life or physical safety of law enforcement personnel.
(c) A public record that if disclosed would prejudice a public body’s ability to maintain the physical security of custodial
or penal institutions occupied by persons arrested or convicted of a crime or admitted because of a mental disability, unless the
public interest in disclosure under this act outweighs the public interest in nondisclosure.
(d) Records or information specifically described and exempted from disclosure by statute.
(e) Information the release of which would prevent the public body from complying with section 444 of subpart 4 of part
C of the general education provisions act, title IV of Public Law 90-247, 20 U.S.C. 1232g, commonly referred to as the family
educational rights and privacy act of 1974.
(f) A public record or information described in this section that is furnished by the public body originally compiling,
preparing, or receiving the record or information to a public officer or public body in connection with the performance of the
duties of that public officer or public body, if the considerations originally giving rise to the exempt nature of the public record
remain applicable.
(g) Trade secrets or commercial or financial information voluntarily provided to an agency for use in developing
governmental policy if:
(i) The information is submitted upon a promise of confidentiality by the public body.
(ii) The promise of confidentiality is authorized by the chief administrative officer of the public body or by an elected
official at the time the promise is made.
(iii) A description of the information is recorded by the public body within a reasonable time after it has been submitted,
maintained in a central place within the public body, and made available to a person upon request. This subdivision does not
apply to information submitted as required by law or as a condition of receiving a governmental contract, license, or other
benefit.
(h) Information or records subject to the attorney-client privilege.
(i) Information or records subject to the physician-patient privilege, the psychologist-patient privilege, the minister, priest,
or Christian Science practitioner privilege, or other privilege recognized by statute or court rule.
(j) A bid or proposal by a person to enter into a contract or agreement, until the time for the public opening of bids or
proposals, or if a public opening is not to be conducted, until the deadline for submission of bids or proposals has expired

Front 26

Open Meetings Exemptions
k-x

Back 26

k) Appraisals of real property to be acquired by the public body until (i) an agreement is entered into; or (ii) 3 years has
elapsed since the making of the appraisal, unless litigation relative to the acquisition has not yet terminated.
(l) Test questions and answers, scoring keys, and other examination instruments or data used to administer a license, public
employment, or academic examination, unless the public interest in disclosure under this act outweighs the public interest in
nondisclosure.
(m) Medical, counseling, or psychological facts or evaluations concerning an individual if the individual’s identity would
be revealed by a disclosure of those facts or evaluation.
(n) Communications and notes within a public body or between public bodies of an advisory nature to the extent that they
cover other than purely factual materials and are preliminary to a final agency determination of policy or action. This exemption
does not apply unless the public body shows that in the particular instance the public interest in encouraging frank communications
between officials and employees of public bodies clearly outweighs the public interest in disclosure. This exemption
does not constitute an exemption under state law for purposes of section 8(h) of the open meetings act, Act No. 267 of the
Public Acts of 1976, being section 15.268 of the Michigan Compiled Laws. As used in this subdivision, “determination of
policy or action” includes a determination relating to collective bargaining, unless the public record is otherwise required to be
made available under Act No. 336 of the Public Acts of 1947, being sections 423.201 to 423.217 of the Michigan Compiled
Laws.
(o) Records of law enforcement communication codes, or plans for deployment of law enforcement personnel, that if
disclosed would prejudice a public body’s ability to protect the public safety unless the public interest in disclosure under this
act outweighs the public interest in nondisclosure in the particular instance.
(p) Information that would reveal the exact location of archaeological sites. The secretary of state may promulgate rules
pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328
of the Michigan Compiled Laws, to provide for the disclosure of the location of archaeological sites for purposes relating to
the preservation or scientific examination of sites.
(q) Testing data developed by a public body in determining whether bidders’ products meet the specifications for purchase
of those products by the public body, if disclosure of the data would reveal that only 1 bidder has met the specifications. This
subdivision does not apply after 1 year has elapsed from the time the public body completes the testing.
(r) Academic transcripts of an institution of higher education established under section 5, 6, or 7 of article VIII of the state
constitution of 1963, if the transcript pertains to a student who is delinquent in the payment of financial obligations to the
institution.
(s) Records of any campaign committee including any committee that receives money from a state campaign fund.
(t) Unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance, public
records of a law enforcement agency, the release of which would do any of the following:
(i) Identify or provide a means of identifying an informer.
(ii) Identify or provide a means of identifying a law enforcement undercover officer or agent or a plain clothes officer as a
law enforcement officer or agent.
(iii) Disclose the personal address or telephone number of law enforcement officers or agents or any special skills that they
may have.
(iv) Disclose the name, address, or telephone numbers of family members, relatives, children, or parents of law enforcement
officers or agents.
(v) Disclose operational instructions for law enforcement officers or agents.
(vi) Reveal the contents of staff manuals provided for law enforcement officers or agents.
(vii) Endanger the life or safety of law enforcement officers or agents or their families, relatives, children, parents, or those
who furnish information to law enforcement departments or agencies.
(viii) Identify or provide a means of identifying a person as a law enforcement officer, agent, or informer.
(ix) Disclose personnel records of law enforcement agencies.
(x) Identify or provide a means of identifying residences that law enforcement agencies are requested to check in the
absence of their owners or tenants.
(u) Except as otherwise provided in this subdivision, records and information pertaining to an investigation or a compliance
conference conducted by the department of consumer and industry services under article 15 of the public health code, Act No.
368 of the Public Acts of 1978, being sections 333.16101 to 333.18838 of the Michigan Compiled Laws, before a complaint
is issued. This subdivision does not apply to records and information pertaining to 1 or more of the following:
(i) The fact that an allegation has been received and an investigation is being conducted, and the date the allegation was
received.
(ii) The fact that an allegation was received by the department of consumer and industry services; the fact that the
department of consumer and industry services did not issue a complaint for the allegation; and the fact that the allegation was
dismissed.
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(v) Records of a public body’s security measures, including security plans, security codes and combinations, passwords,
passes, keys, and security procedures, to the extent that the records relate to the ongoing security of the public body.
(w) Records or information relating to a civil action in which the requesting party and the public body are parties.
(x) Information or records that would disclose the social security number of any individual.
(y) Except as otherwise provided in this subdivision, an application for the position of president of an institution of higher
education established under section 4, 5, or 6 of article VIII of the state constitution of 1963, materials submitted with such an
application, letters of recommendation or references concerning an applicant, and records or information relating to the process
of searching for and selecting an individual for a position described in this subdivision, if the records or information could be
used to identify a candidate for the position. However, after 1 or more individuals have been identified as finalists for a position
described in this subdivision, this subdivision does not apply to a public record described in this subdivision, except a letter of
recommendation or reference, to the extent that the public record relates to an individual identified as a finalist for the position.

Front 27

Philadelphia Newspapers v. Hepps

Back 27

A private figure plaintiff must prove that the defamatory statements are false.

Hint 27

On a matter of public concern, burden of proof for defamation shifts to the plaintiff to prove falsity rather than the defendant to prove truth.

Front 28

McCracken v. Evening News

Back 28

x

Hint 28

An inaccuracy that does not produce a different effect on the reader than that which the literal truth would produce would not suffice as ‘actual malice.’

Front 29

Near v. Minnesota

Back 29

Applied for the first time the first amendment in a censorship class. Used Fourteenth amendment as a spring board to relate the First Amendment to the State level.

Front 30

NY Times v. US

Back 30

The government cannot censor. In order to exercise prior restraint, the Government must show sufficient evidence that the publication would cause a "grave and irreparable" danger.

Front 31

Branzburg v. Hayes

Back 31

Reporters have no greater rights than any other citizen - there is no reporter shield from grand jury testifying. If you're attempting to harass, then reporters are protected and do not have to testify.