Concurring opinions Justice Black believed that the press should be protected

Concurring opinions justice black believed that the

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- Concurring opinions: - Justice Black believed that the press should be protected by the 1st amendment even if the information is false & even if information is made with actual malice - Goldberg believes that the court should protect the press by the 1st amendment even if the information is false - Murphy v. Boston Herald, p. 132, Q1 (Judge Murphy, “She’s 14. She got raped. She will get over it.”-defamation) Plaintiff Judge Murphy is suing the Boston Herald for publishing in article about Murphy’s perceived “softness on crime.” The reports claimed that Murphy made comments to the mother of a rape victim during a court case & accused him of dishing out lenient punishment to criminals who deserve harsher consequence~ s. Murphy was inaccurately quoted saying, “She’s 14. She was raped. Tell her to get over it.” Judge Murphy was bombarded with hate emails, death threat & was demanded to be removed from the court. Murphy alleged that he was a victim of defamation. - Facts: The quote was taken out of context and was inaccurate and it shows because there were people in the court who did not hear Judge Murphy say those things & some didn’t even hear him say anything in the context that the Boston Herald quoted him. The reporter also discarded the notes after he published the article so there was no trace of evidence of the quote even happening & there was no one from the Herald that could name anyone who either edited or checked the accuracy of the article. - There was not proof of it all happening & Murphy was clearly damaged (he had ptsd & lost connections with colleagues) by it which proved defamation & actual malice
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- - PEjPIX5AHVmBI/edit - Levesque v. Doocy, p. 139, Q2 - *Study in book* - Gertzeeecommunist v. Robert Welch Inc., p. 144, Q4 (Private individual) - Summary: A Chicago policeman named Nuccio shot and killed a youth named Nelson. Nelson’s family hired an attorney, Elmer Gertz to represent them. Robert Welch, a writer for “American Opinion” wrote a story with the title, “FRAME-UP: Richard Nuccio And The War On Police” Gertz was portrayed as a member of the communist form organization & perceived as the one who wanted to orchestrate the murder. - Gertz sued Welch, Inc for libel. The lower court stated Gertz would only need to prove negligence & the court determine that he wasn’t a public official and paid him $50,000 for damages. - Results: The Supreme Court decided the case in a 5-4 majority opinion, the majority stated, “Under the First Amendment, there is no such thing as a false idea…” Gertz did not meet the Sullivan or Curtis tests, and had achieved no fame in the past despite his public career & he did not publicly influence the case of Nuccio vs. Nelson.
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