Day 14 Law & Regulation Exam 3

Sullivan 1964 shield laws new york times v sullivan

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Unformatted text preview: freedom of speech and other rights (life) Preferred- posi%on balancing theory— balance b/w speech and other rights, although speech was a preferred posi/on compared to other nights Libel Libel—defama/on that is wri]en that damages a persons reputa/on or otherwise causes harm Slander—defama/on that is spoken that damages a persons reputa/on or otherwise causes harm In U S, okay if true – not in the case in other countries New York Times v. Sullivan (1964) Shield Laws New York Times v Sullivan (1964) Considered one of the most important st 1 cases NYT printed an ar/cle with minor factual errors about public official Sullivan said it defamed him Courts ruled in N YT favor Decision Public figures cannot sue for libel, unless malice can be proven Private figures can as long as reasonable person knows the statement is false Shield Laws Shield laws— intended to protect journalists from legal challenges to their freedom to report the news – state level Avoid chilling effect—news outlets decide not to publish stories or a topic aaer a journalist has been published or jailed for such a story Censorship Censorship— prohibi/ng certain expression or content Generally not permi]ed in U S, unless… Schools—Hazelwood School District v Kuhlmeier, War ?me, pornography, obscene content Indecent Content Obscenity Cri/cism, Ridicule, or Humor Indecent Content Indecent content— language or material that depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or ac/vi/es Profanity can be used – if not used in offensive...
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