J110 1ST Edition Lecture 17 Outline of Last Lecture I II Libel cont Defenses against Libel Outline of Current Lecture I II III IV V VI New York Times v Sullivan Actual Malice Courtroom Publicity Privacy Honesty the press Obscenity New York Times v Sullivan Full page ad to raise money for MLK Jr Contained inaccuracies Montgomery AL police commissioner L B Sullivan sues the Times for Libel Sullivan said it was indirectly talking about him Was there actual malice did they want to destroy him No Established the actual malice standard for Libel Actual Malice Reckless disregard for the truth or falsity of a published account Courtroom Publicity Sheppard v Maxwell Sam Sheppard accused of beating wife to death Publicity of case was extreme and against Sheppard Sued for mistrial Said that publicity swayed the vote of the jury Set rules for keeping publicity out of court cases Privacy Not explicitly in constitution o Freedom to associate clause o 4th Amendment prevents government from requiring a group to release membership list to public o 14th Amendment limits disclosure of personal information Balancing Act o Freedom of Speech vs Privacy Rights Intrusion o Physical trespass into someone else s space Embarrassment o So embarrassing private that a person has reason to expect that it will NOT be published False Light o Untrue statements that alter an individual s public image o Actual Malice NOT necessary Misappropriation o Using a person s name or image for commercial purposes without their permission Honesty the press Food Lion v ABC Prior Restraint o The Pentagon Papers o Judicial suppression of material that would be published or broadcast on the grounds that it is libelous or harmful Reporter Privilege o Protect reporters from having to give up their sources in court o Branzburg v Hayes 1972 o 5 4 vote against journalists o Court said journalists have same duty as other citizens to appear in court when called o Shield Law would help not all states have them no federal Shield Law exists o Indiana Shield Law approved 1941 Obscenity Roth v United States Roth ran business selling sexually explicit content through federal postage services
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