1. Name of the case: Burnett v. National Enquirer
• Citation: 144 Cal. App. 3d 99
• Year: 1983
• Court: California court of appeal
• Judge: Opinion was by Roth, P. J. with assistance from Gates, J., concurring. As well as separate agreeing and dissenting opinion done by Beach, J.
• Page/section of the book: 996
2. Statement of facts:
• National enquirer (defendant) published an article in their gossip column about an innocent that occurred between Carol Burnett (Plaintiff) and Henry Kissinger.
• The article stated that Carol had a loud argument/ encounter with Henry Kissinger, as well as acting extremely drunk. It also mentioned she was sharing her desert with others in the restaurant (because she was so drunk), but actually was sharing …show more content…
4. Rule (Statement of the Law)
• Newspapers are held to certain standards and laws. Therefore by Montandon v. Triangle Publications, Inc., 45 Cal.App.3d 938, 953 (1975), "The question of the newspaper or magazine status of The National Enquirer under Civil Code § 48(a) is decided by the court. (Later was decide that the National Enquirer should not be characterized as a newspaper because of lack of preferred status)
• (Werner v. Southern Cal. etc. Newspapers (1950) 35 Cal.2d 121, 128 [216 P.2d 825, 13 A.L.R.2d 252].)- Took into the account that the National Enquirer could be characterized as either a magazine or newspaper, but it states that newspapers generally do not operate in a position to protect the publication of material that is false.
i. "In view of the complex and far-flung activities of the news services upon which newspapers and radio stations must largely rely and the necessity of publishing news while it is new, newspapers and radio stations may in good faith publicize items that are untrue but whose falsity they have neither the time nor the opportunity to …show more content…
case below states what types of news the free dissemination of news can apply to:
1. Briscoe v. Reader's Digest Assn. (1971) 4 Cal.3d 529 [93 Cal.Rptr. 866, 483 P.2d 34, 57 A.L.R.3d 1] (§ 48a applicable to a monthly magazine that published digests of other magazine articles, rather than current happenings," requires results in retrospect to the National Enquirer.
5. Application
• Statute, Cal. Civ. Proc. Code § 48(a) applies only to a publication in a newspaper or by radio, only. The legislature does not include magazines in the protected group. To extend this statute requires amendment rather than interpretation." ( Morris v. National Federation of the Blind, supra, 192 Cal.App.2d 162, 165-166.)
i. Statutory Privileges- is the defined as the reporter's protection under constitutional or statutory law, from being compelled to testify about confidential information or sources.
• This statute was used in the court in Montandon. However, it was intervened and contrary holding in Briscoe v. Readers Digest Association, Inc., supra, 4 Cal.3d 529, which is simplified as follows:
i. As Briscoe was not a newspaper but a magazine, the court held that section 48a applies to a magazine as well as a
• Citation: 144 Cal. App. 3d 99
• Year: 1983
• Court: California court of appeal
• Judge: Opinion was by Roth, P. J. with assistance from Gates, J., concurring. As well as separate agreeing and dissenting opinion done by Beach, J.
• Page/section of the book: 996
2. Statement of facts:
• National enquirer (defendant) published an article in their gossip column about an innocent that occurred between Carol Burnett (Plaintiff) and Henry Kissinger.
• The article stated that Carol had a loud argument/ encounter with Henry Kissinger, as well as acting extremely drunk. It also mentioned she was sharing her desert with others in the restaurant (because she was so drunk), but actually was sharing …show more content…
4. Rule (Statement of the Law)
• Newspapers are held to certain standards and laws. Therefore by Montandon v. Triangle Publications, Inc., 45 Cal.App.3d 938, 953 (1975), "The question of the newspaper or magazine status of The National Enquirer under Civil Code § 48(a) is decided by the court. (Later was decide that the National Enquirer should not be characterized as a newspaper because of lack of preferred status)
• (Werner v. Southern Cal. etc. Newspapers (1950) 35 Cal.2d 121, 128 [216 P.2d 825, 13 A.L.R.2d 252].)- Took into the account that the National Enquirer could be characterized as either a magazine or newspaper, but it states that newspapers generally do not operate in a position to protect the publication of material that is false.
i. "In view of the complex and far-flung activities of the news services upon which newspapers and radio stations must largely rely and the necessity of publishing news while it is new, newspapers and radio stations may in good faith publicize items that are untrue but whose falsity they have neither the time nor the opportunity to …show more content…
case below states what types of news the free dissemination of news can apply to:
1. Briscoe v. Reader's Digest Assn. (1971) 4 Cal.3d 529 [93 Cal.Rptr. 866, 483 P.2d 34, 57 A.L.R.3d 1] (§ 48a applicable to a monthly magazine that published digests of other magazine articles, rather than current happenings," requires results in retrospect to the National Enquirer.
5. Application
• Statute, Cal. Civ. Proc. Code § 48(a) applies only to a publication in a newspaper or by radio, only. The legislature does not include magazines in the protected group. To extend this statute requires amendment rather than interpretation." ( Morris v. National Federation of the Blind, supra, 192 Cal.App.2d 162, 165-166.)
i. Statutory Privileges- is the defined as the reporter's protection under constitutional or statutory law, from being compelled to testify about confidential information or sources.
• This statute was used in the court in Montandon. However, it was intervened and contrary holding in Briscoe v. Readers Digest Association, Inc., supra, 4 Cal.3d 529, which is simplified as follows:
i. As Briscoe was not a newspaper but a magazine, the court held that section 48a applies to a magazine as well as a