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Unformatted text preview: Chapter 4 & 5 Relevant Court Case Outcomes Chapter 4 • Beauharnais vs. Illinois- court upheld a statute that criminalized any publication that portrays depravity, criminality, unchastity, or lack of virtue in any class of citizens- the law was used to prosecute a hatemonger who distributed racist literature • Ashton vs. Kentucky- supreme court ruled unconstitutional a statute punishing speech that tends to breach the peace; court overturned conviction of Steve Ashton who was convicted under Kentucky criminal libel law for printing a pamphlet during bitter labor disputes that attacked chief of police, sheriff, and co-owner of Hazard Herald for their failure to support striking miners- law found too vague and imprecise, speakers did not know when their speech was “calculated to create disturbances of the peace” • New York Times vs. Sullivan- the law of ‘strict liability’ was declared unconstitutional when the media defame a public official--Court said 1 st amendment protects false and defamatory criticism of government officials; public officials cant sue for defamation without proving actual malice (NY Times actual malice)- ended the law of seditious libel-- Sullivan, a police official, sued NY Times for publishing a false and defamatory information, Heed Their Rising Voices; Sullivan won, but SC reversed it • Valentine vs. Chrestensen- court denied constitutional protection to a handbill it called purely commercial advertising—in Sullivan case, article was not purely advertising, so still protected • Rosenblatt vs. Baer- supervisor of a county-owned ski resort might be a public official if his position would invite public scrutiny and discussion of the person holding it • Garrison vs. Louisiana- comments that judges are lazy, vacation minded, and sympathetic to criminals were comments about their official conduct • Curtis Publishing Co vs. Butts- football coach and segregationist had to prove actual malice-reporters did not check the story of an unreliable source, did not interview witnesses, or view game films • Rosenbloom vs. Metromedia Inc.- private libel plaintiffs involved in issues of public importance have to prove actual malice—no longer the precedent, limited actual malice to public figures and officials •...
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This note was uploaded on 03/30/2011 for the course JRLC 5040 taught by Professor Lee during the Spring '08 term at UGA.
- Spring '08