Media Law Test 2
Terms
undefined, object
copy deck
- Test for Privacy
-
1. Appropriation
2. Intrusion
3. Private Facts
4. False Light - Appropriation
- -Use of name or likeness without consent.
- Intrusion
- Illegal entering of private property.
- Private Facts
- Publishing private information
- False Light
- Publishing false info that puts someone in a false light.
- Booth v. Curtis
- News media can use previously published material to promote themselves.
- Appropriation: Cox v. Cohen
-
Public Records = Public Interest.
Journalists can publish information from official records available in open court. - Private Facts: Sipple v. Chronicle Publishing
- Sipple’s sexual orientation was not a private matter because of his activism in the gay community.
- Private Facts: Hall v. Post
-
-N.C. said the private facts tort was constutionally suspect.
- Intrusion: Dietemann v. Time
- -Reporters intruded Dietemann privacy by secretly filming him. Dietmann won.
- False Light Test
-
Must:
1.Be false light.
2.Be offensive.
3.Put the publisher at fault.
4.Highly publicized. - False Light Defenses
-
1. Truth
2. Not identified
3. Priviledged source
4. Prove actual malice
5. Not offensive - Legitimate Public Concern Test
-
1. Impact?
2. Protect involuntary public figures?
3. Are people associated involved in the public?
4. How far did the press go? - Press Enterprise Test
-
Must:
1. Advance an overriding interest that may be harmed if the case is open.
2. Demonstrate a "substantial probability" of harm if open.
3. Consider "reasonable alternatives" to closure.
4. If closure: narrowly tailor restrictions.
5. Make adequate findings to support the closure. - Traditional Judicial Remedies
-
1. Voir dire: question jurors on what they know about a case.
2.Change of Venirmen: bring a jury in from another town.
3. Change of Venue: move the trial further away.
4. Continuance: delay of a trial due to high publicity.
5. Admonition: warn the press of too much coverage on the case. - Access to Evidence (Test)
-
1. Was the material evidence in the court?
Yes=access No=no access
2. Could the material prejudice the defendant?
(U.S. v. Graham)
3. Who is on the video or audio?
Police= released
Witness/Victim= not released
4. Will the material serve a public purpose?
(Educate the community?) - FOIA Exemptions: National Security Test
-
Closed to journalists if FOIA:
1. Gives reasons for non-disclosure in detail.
2. Show the information falls within the claimed exemption. - FOIA Exemptions: Law Enforcement Test
-
Prevent Press access if:
1. Interferes w/ enforcement proceedings
2. Deprive fair trial.
3. Constitute an invasion of privacy.
4. Identify Confidential sources.
5. Disclose enforcement techniques.
6. Endanger a life. - Richmond v. Virginia
- Created a qualified First Amendment right of the press and the public to attend trials.
- Publicker v. Cohen
- Said that without a substantial state interest, civil trials should be open.
- U.S. v. Burr
-
Defined an impartial juror:
Lay aside previous knowledge of a case and form an opinion based on evidence. - Nebraska v. Stuart (Test)
-
If against a restricitive order, must prove:
1. Intense and pervasive publicity.
2. Unstoppable publicity.
3. The restrictive order will prevent prejuicial publicity. - Shield Laws
-
-Vary state to state
-Protects reporters from a subpoena. - Collateral Bar Rule
- -All court orders must be Obeyed!!! Even if it appears unconstitutional.
- Promissory Estoppel (Test)
-
Promissory Estoppel, if yes:
1. Was there a promise?
2. Did the reporter intend to make a promise?
3. Did the source rely on the promise?
Promissory Estoppel, if no:
4. Was the promise kept?