test2courtcases

test2courtcases - Mitch Scandolokis v. Mark Taylor Cocaine...

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Mitch Scandolokis v. Mark Taylor Cocaine use Taylor sues Scandolokis and broadcast news station Broadcasters must run candidates advertisements, no ability to edit it No Liability Farmers Union v. WDAY Because broadcast stations are required to provide opportunities of equal access for political candidates under section 315, they are absolutely protected from libel suits resulting from those broadcasts WDAY-TV was not liable when W.C. Townley, a colorful independent candidate for Senate, accused the ND Farmers Union of being controlled by communists Court ruled that stations could not be held responsible If the licensees were liable for the defamatory remarks of a candidate they could not censor they would be penalized for doing what the law intended them to do— provide broadcast time for candidates. Proctor and Gamble Satan worshipers Rumor spread among small churches Sued Doraville man for disseminating pamphlets Act of publication sufficient for liability. NYT v. Sullivan NYT = $$$$ Does the actions of an agency defame the head of the agency? Inversion of Defamation Law Ability of citizens to criticize public officials If you are going to step into a gov’t official position, you have to expect people will take their shots at you. Because of affidavit they did not investigate information in the advertisement for falsity Failure to look back into archives is negligent Because Sullivan was a public figure he had to prove actual malice Senator Proxmire v. Hutchinson “Golden Fleece” Award Hutchinson issued a press release o Not Covered by the Speech and debate clause because it didn’t occur in official legislative hearing/proceeding Although the government paid him, Hutchinson wasn’t setting policy by studying monkeys. Didn’t have privilege because it wasn’t in legal capacity Rosenblatt
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Appointed government official at ski resort. Court said the decision in NYT was motivated by “a strong interest in debate” about public issues and the people in positions to significantly influence the resolution of those issues. Mary Alice Firestone Pervasive fame in Palm Beach Not a public figure in US so it couldn’t be used in suit against Time Sued Time magazine after “Milestones” item incorrectly reported that Russell Firestone had won a divorce on the grounds of extreme cruelty and adultery. Firestone remained a private person because she “did not assume any role of especial prominence in the affairs of society, other than perhaps Palm Beach Society” Time could not claim privilege when it erroneously reported the reason Russell Firestone was granted a divorce. To be privileged a story must not only be accurate by also provide a balanced
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test2courtcases - Mitch Scandolokis v. Mark Taylor Cocaine...

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