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64 Cards in this Set
- Front
- Back
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Sources of Law
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Constitutional
Statutory Administrative Common Law Law of Equity |
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Linmark v. Township of Willingboro
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Supreme Court struck down statute forbidding homeowners to display For Sale signs in front yards
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Cox Broadcasting v. Cohn
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Supreme Court held that a TV station could publish the name of a girl who was the victim of gang rape and murder
-If the station gets the information legally, they can publish it |
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US v. Dellinger
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Chicago Seven
Police wounded demonstators outside national convention Acquitted on conspiracy charges Cleared of all charges after four years |
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Summary contempt power
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power of a judge to cite person in courtroom for contempt of court
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AMA v. FTC
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The The AMA can not prohibit doctors from advertising
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Pittsburgh Press v. Pittsburgh Commission on Human Relations
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Newspapers can not publish "help wanted- male"
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Bigelow v. Virginia
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Supreme Court held that Jeffrey Bigelow could run ads in Virginia for an abortion clinic in NY
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Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.
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Okay to advertise prescription drug prices
The first the Supreme Court upheld that First Amendment does protect advertising |
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Advisory opinions
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nonbinding statement of advice from FTC to tell advertiser in advance if campaign is legal
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Voluntary Compliance
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FTC asks advertiser to stop commercial and never use claim again, but advertiser does not admit wrongdoing
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Consent Decree
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A party agrees to discontinue advertising practice
Synchronal Corp (false baldness- fined) Most often |
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Cease-and-desist order
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FTC launches formal coplaint, can force to stop ad campaign and fine $10,000 a day
James Brown (Ace Development- conned Corey James) |
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Substantiation
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FTC asks advertiser to substantiate claims- advertiser has burden of proof
General Mills (YoPlus can aid in digestion) |
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Corrective Advertising
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FTC orders advertiser to inform public that in the past a commercial had been misleading
(Yaz correction ads- 6 years, 20 million) |
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Injunctions
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Restraining order is FTC believes an ad can cause harm
Injunction to stop advertising for psychic surgery in Phillippines |
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Trade Regulation Rules (TRR)
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2008 Telemarketing Sales Rule- Consumers can opt out of receiving calls
2009 Telemarketers must have written consent to send recorded telephone solicitations |
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1934 Communications Act
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Established FCC
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Equal Time Provision
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If a broadcaster sells a 30 second spot to one candidate for that office to buy same number of 30 second spots at lowest unit charge
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Candidate Access Rule
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Broadcasters must sel time to candidates for federal office, may sell for state and local offices but not required to
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Farmers Educational, North Dakota v. WDAY
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If a political candidate defames another candidate on radio or TV, the station can not be held liable for libel
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Sixth Amendment
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Guarantees right to fair trial
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Sheppard v. Maxwell
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Supreme court overturned Sam Sheppard's conviction for murder. Eberling was the one who murdered her.
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Gannett v. DePasquale
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Judge may close a pre-trial hearing
75% of all criminal prosecutions never go to trial because of plea bargaining |
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Richmond Newspapers v. Virginia
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Criminal trials must be open to the public unless court has an "overriding interest"
No access to pre-trial hearings |
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Press-Enterprise v. Riverside Superior Court (I)
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Press and public have right to attend pre-trial voir dire proceeding
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Press-Enterprise v. Riverside Superior Court (II)
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Nurse accused of kiling 12 patients
Trial closed pre-trial hearing but court said there is a qualified privilege for press to attend pre-trial hearing |
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Bench-Bar Press Guidelines
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Press can not report
1. Defendant's prior criminal record 2. Opinion about defendant's character 3. Confessions 4. Alibis 5. Results of lab tests or lie detector tests 6. Opinions about credibility of witnesses 7. Photographs or videos of defendant in custody 8. Opinions about guilt or innocence 9. Speculation by officials about guilt/innocence. |
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Options judge has to ensure fair trial
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1. Change of Venue
2. Continuance 3. Admonition to jury to not look at newspapers or TV 4. Sequestraion of jury 5. Voir Dire 6. Gag order |
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Voir Dire
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Process of jury selection
Lawyers select jury Prosecutor and defense have preemptory challenge (12) |
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Gag Order
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Press may not publish anything on case
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Brandenburg v. Ohio
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1. Daner of violence must be immediate and likely
2. Speaker must intend for violence to occurr |
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Weirum v. RKO General
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Weirum's family won damages
Radio contest drivers killed RonWeirum |
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Olivia Niemi v. NBC
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Born Innocent
Little girls raped on beach Mother sued for incitement, not guilty |
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Zamora v. CBS, ABC, NBC
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Zamora broke into neighbor's house and killed her
Lawyer tried to blame it on violent TV shows McNaughton rule: not guilty by reason of insanity |
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Shannon v. Walt Disney World Productions
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Mickey Mouse club, BBs in balloons
Not pied piper, had o be same room or space |
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Proximate cause
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But...for...
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Pied Piper case
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adult leads a child to do something but doesn't mean to
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DeFilippo v. NBC
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Johnny Carson show, boy accidentally hung himself
NBC won |
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Nezworski v. ABC and Hanna-Barbera
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Scooby Doo cartoon, pillow case around another character's head
Child accidentally killed himself Settled out of court |
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Herceg v. Hustler Magazine
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Auto-erotic asphyxiation
Boy killed himself 5th circuit ruled in favor of Hustler |
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Pulling v. TSR Hobbies
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Boy killed himself because his teacher put a Dungeons and Dragons curse on him
TSR won on 1st Amendment laws |
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Vance/Roberson v. Judas Priest and CBS Records
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Suicide pact (Ray Belmath and Vance)
Vance did not die Judas Priest won the case Rare that it went to trial |
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James v. Meow Media
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Basketball Diaries
Movie scene was imitated --> school shooting 3 people were killed |
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Hamel v. Take2 Interactive
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Grand Theft Auto
Devin Moore killed 3 police officers, was imitating scene in GTA |
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Byers v. Edmonson and Damus
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Natural Born Killers
Someone imitating movie shot Byers wife and paralyzed her Byers won in lower courts, but supreme court ruled in favor of Oliver Stone. Brandenburg test |
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Norwood v. Soldier of Fortune Magazine
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Hitman killed Norwood, was found through a classified Ad in Fortune Magazine
Sued magazine for negligence, settled out of court COMMERCIAL SPEECH IS NOT PURE SPEECH |
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Eimann v. Soldier of Fortune Magazine
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John Wayne Hearn's ad in Soldier of Fortune Magazine said he was a weapons specialist, high risk assignments, etc
Kills Black's wife Lower court awarded mother of Sandra Black damages Appeals court reversed because the ad doesn't specifically say that he wanted to be a hitman |
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Braun v. Soldier of Fortune Magazine
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Ad said "Gun for hire. All jobs considered"
Hitman was supposed to kill Richard Braun, didnt realize son was with him. Kills Braun but not son Soldier of Fortune had to pay because the ad was clearly for a hitman |
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Miller v. California
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Book or movie is obscene if
1. Average person, applying contemporary community standards, finds the material to appeal to purient interest 2. If work depicts sexual conduct in a patently offensive manner 3. If work, taken as a whole, lacks serious literary, artistic, political, or scientific vale |
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Contemporary Community Standards
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What people find offensive in one place may not be so offensive in another
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Hadnut v. American Booksellers Association
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Anti-pornogrpahy ordicance drafted, got furthest in Indianapolis
Didn't succeed in US, but the Canadian Supreme court upheld an ordinance banning a porn in 1992 as offensive to women |
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Young v. American Mini-Theaters
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US Supreme Court uheld zoning laws as means of controlling pornography
Time-place-manner restrictions |
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Zoning laws controlling pornography
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1. Ordinance cannot completely bar exhibition of NC-17 rated films in municipality
2. Ordinance serves substantial government interest (municipality must prove theaters that show NC-17 rated films will have negative impact without zoning 3. Ordinance is so narrowly drawn so it will not restrict more speech than necessary |
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Burstyn v. Wilson
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First time Supreme Court ruled that the first amendment protects movies
The Miracle |
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Freedman v. Maryland
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Municipality may censor against NC-17 rated films before they are exhibited, provided that the municipality follow strict procedures laid doen by US Supreme Court
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Procedures to censor NC-17 movies
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1. Local government has burden of proof to show movie is obscene
2. Local government must decide within two weeks, theater owner can appeal In practice, this is defunct, municipalities rely on zoning laws |
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Roth v. United States
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First Amendment does not protect obscenity
No one can agree on a definition of obscene |
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Hicklin Test
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Work is obscene if it has a tendency to deprave and corrupt those whose minds are open to such immoral influences
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Who determines whether or not a work is obscene
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A jury, accoding to city, country, or state standards
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Sexting
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Nebraska and Vermont have passed laws to distinguish sexting from felony of producing child pornography
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Banzhaf v. FCC
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Anti-smoking activist/lawyer
Caused FCC to apply Fairness Doctrine to cigarette promotion on TV and radio commercials Air-time to case against smoking must be equal and free First time internet was included in broadcasting and spectrum allotment Updated Telecommunications Act of 1934 |
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Nebraska Press Association v. Stuart
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Reversed restrictive orders by Nebraska courts barring newspapers from reporting testimony and evidence presented in an open preliminary hearing
US Supreme Court imposed strict limits on trial courts power to issue injunctive orders preventing publication of news concerning pending criminal trials |
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Waller v. Georgia
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Georgia tried to close pre-trial hearing
Supreme Court upheld that Waller could have an open hearing |
