JOURN 4000 1st Edition Lecture 7 Outline of Last Lecture I Important cases in US history Outline of Current Lecture I Important cases in US history II Media incitement cases Current Lecture 1917 Learned Hand came up with standard that US would land on in 1969 1917 Masses Publishing Co espionage case Hand used incitement standard with imminence Ruled in favor of publishing company case appealed and appellate court ruled against Hand Media incitement cases Legal precedent is Brandenburg 1979 kid addicted to TV shot and killed 83 year old neighbor TV network to blame No TV is protected Jenny Jones show Invited man to show to meet someone with secret crush on him Actually a man Guest shot him after show Family of dead man sued Jury awarded plaintiff 30 million 2002 appellate court overturned ruling Homicide was not foreseeable Mountain Dew kid broke neck after attempting stunt in ad These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Was ad to blame No portrayed young people in sporting activity dangerous to untrained professionals Not foreseeable consequence Failure to warn hidden danger need to warn Obvious danger not really Suicide Suicide Solution by Ozzy Osbourne son killed himself after repeatedly listening to the song 9 million in damages Incites imminent lawless action Nope Products liability form of negligene suit talks about product itself Defective by way it was designed or way it was produced Strict liability no question about whether you were careful or not Magazines Hustler 14 year old boy Orgasm of death mother found him hanging in closet article open on the floor Auto arotic asphyxia warning on article Not incitement Natural Born Killers Responsible for more copycat mirders than any other movie Patsy Byers used product liability defense after shot by kids going on a Natural Born Killers rampage Should have known it would inspire violence Nope
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