CivilLibertiesFall2018.jbc (2).pptx

Jay near publisher of a minnesota newspaper was

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Jay Near, publisher of a Minnesota newspaper, was convicted of libel and enjoined from publishing further information alleging criminal wrongdoing by elected officials Supreme Court acknowledged prior restraint, but ruled that it could not be invoked in this situation
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The Pentagon Papers Daniel Ellsberg leaked damaging classified Vietnam war documents to several newspapers These documents demonstrated that: President Johnson lied about the nation’s involvement with the war The war was unwinnable
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New York Times v. U.S. (1971) After the first few papers were published, the Nixon administration won an injunction against NYT (and other newspapers) from further publication of the leaked documents The Supreme Court soon overturned this injunction, allowing the NYT to resume publishing the documents, ruling 6-3 that the government had not met the burden for prior restraint
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What about Slander and Libel? What are slander and libel? The NYT ran an ad from the Committee to Defend Martin Luther King and The Struggle for Freedom in the South The ad attacked the Montgomery, AL, PD, though without mentioning Public Safety Commissioner L.B. Sullivan Sullivan sued, claiming the ad was libelous The Ad, March 29, 1960
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New York Times v. Sullivan (1964) The Supreme Court ruled unanimously in favor of the NYT Even though the ad contained false statements, the First Amendment still protected it Standard for libel/slander is actual malice : Publisher knew it was false, but still published it with the intention of causing harm or The publisher acted recklessly without regard for the truth
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“A Rape on Campus” In November 2014, Rolling Stone published an account of a UVA student who alleged she was gang- raped during a 2012 fraternity party Further investigation revealed numerous inaccuracies in the article
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Fallout for Journalists and Rape Survivors Fallout for Journalists and Rape Survivors Numerous Lawsuits for Rolling Stone and Erdely Numerous Lawsuits for Rolling Stone and Erdely Journalistic concerns The magazine retracted the article after an investigation by Columbia University's School of Journalism found numerous inaccuracies A Condensed Version, from The Washi ngton Post, April 5, 2015. Broader concerns Justice for “Jackie?” Will other rape survivors be willing to come forward? UVA Associate Dean Nicole Eramo won a $3 million verdict against Rolling Sto ne Additional lawsuits filed by: Three members of the fraternity Aftermath of the Article’s Publication
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Recent Questions Concerning Free Speech
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Recent Controversial Speech Background Emmanuel Nine massacre in Charleston, SC, was racially motivated It raised questions of whether Confederate monuments should come down, including in Charlottesville, VA What we want to discuss today Whether freedom of speech is necessary for controversial, potentially hateful ideas NOT race relations today (next week’s topic), President Trump’s response, whether to keep such monuments
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Unite the Right: Charlottesville, VA Spring 2017 : City Council voted to remove Robert E. Lee statue,
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  • Spring '08
  • mcfaden
  • Government, Definition, Limitations

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