Media Law (From 9%2F5).docx

Cubby v compuserv stratton v prodigy if youre an

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Cubby v Compuserv
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Stratton v Prodigy If you’re an anonymous blogger and someone sues you for your comments, the court must decide that the plaintiff is likely to win before forcing you to reveal your identity Good Samaritan Provision Zeran v America Online Doe v Cahill EXAM 1 SAMPLE QUESTIONS I. Define the following (5, 3 points each) a. Stare decisis b. Libel per se c. Strict liability II. Fill in the blank (10 points) III. Matching (15, 1 point each) a. Ruled that public figures must prove actual malice in a libel case (Curtis v Butts) b. Ruled that the act of burning a cross is not prima facie evidence of intimidation (Virginia v Black) c. Struck down a Texas law that made burning an Texas v Johnson) IV. Multiple choice (30, 1 point each) 1. Theory of First Amendment in which no law means NO LAW a. Michaeljohnian b. Ad hoc balancing c. Absolutist D. Preferred position 2. Ruled that a public school principals can censor student newspapers published as a part of a class a. Bethel v Fraser b. Morse v Frederick c. Hazelwood v Kuhlmeier 3. A paid ad soliciting contributions to the “Ready for Hillary” campaign would be protected under which level of scrutiny? a. Minimum b. Intermediate c. Strict V. Hypotheticals (6, 5 points each) Minimum scrutiny-- things like obscenity. Only need a minimum rational basis Intermediate-- in the middle. Important, but not as important as political speech or other forms of important protected speech. → i.e. commercial ads Strict scrutiny-- speech that is the most important→ i.e political speech Privacy What is privacy/right to privacy? The right to control information about yourself Do you have the privacy you should have?
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What are some ways you think you lose/give up your privacy? 1st Amendment - protection from compelled disclosure (right to speak includes right not to speak) 4th Amendment - protects against unreasonable search and seizure, privacy in the home 9th amendment - secures rights other than those enumerated in constitution (interpreted as protecting privacy) 14th amendment - “liberty” in due process, interpreted as protecting privacy Griswold v Connecticut, 1965 - ruled that Constitution through Bill of Rights protects right to privacy. Invalidated CT law that criminalized counseling (Planned Parenthood) and medical treatment directed at preventing conception - “violated marital privacy” Lawrence v. Texas, 2003-- Invalidated a Texas “homosexula conduct” law that criminalized sexual intimacy between same-sex couples. Law violated right to engage in private acts. Invasion of Privacy “To satisfy prurient taste, the details of sexual relations are spread in the columns of the daily papers. To occupy the indolent, column upon column is filled with idle, which can only be procured by intrusion upon the domestic circle.” The Right to Privacy, 1890, Harvard Law Review Categories of Invasion Appropriate of name or likeness without consent Publication of private/ embarrassing information Intrusion into solitude
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  • Fall '13
  • Landesberg
  • New York Times v. Sullivan, Supreme Court of the United States, First Amendment to the United States Constitution, Privacy law, New York Times Co. v. Sullivan

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