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14 Cards in this Set

  • Front
  • Back
Transcendent 1st Amendment doctrines include:
Right to hear
Right not to speak
2 famous metaphors in Libel Law:
1. Breathing Space: the latitude that must be provided a journalist commenting on public affairs
2.Chilling Effect: the fear of a journalist to screw up and get sued for error
What was the famous Skokie Illinois case about?
x
Gertz vs Welch
Gertz was hired as an atty by the family of a young man who had been killed by a cop. The cop had already been convicted of second degree murder Gertz was to handle the families litigation against him. Welch (the head of a magazine) published that the testimony against the cop was purgered and that Gertz was a commie.
- Gertz sued & the jury awarded him 50K in damages. But the judge threw it out.
Milkovich vs Lorain Journal
x
3 kinds of public forum analysis:
1. Quintessential- public parks, street corners
2. Limited- buildings, auditoriums, etc that the government isnt required to open but if they do, must be handled even-handedly. (remember the Christians in the school gym)
3. Nonpublic- a place where all speakers are not invited.
(remember Cindy Sheehan and the Congressman's wife)
Intentification in Fiction:
x
Convincing clarity
x
Lee Bollinger
x
Andrea Dworkin
x
Justice Anthony Kennedy
x
Jerome Barron
x
Neil Postman
x
state of mind controversy:
pg 158