JOURN 4000 1st Edition Lecture 7Outline of Last LectureI. Important cases in US history Outline of Current LectureI. Important cases in US historyII. Media incitement cases Current Lecture1917- Learned Hand came up with standard that US would land on in 19691917- Masses Publishing Co.-->espionage case-Hand used incitement standard with imminence -Ruled in favor of publishing company, case appealed and appellate court ruled against HandMedia incitement cases:-Legal precedent is Brandenburg1979- kid addicted to TV, shot and killed 83-year-old neighbor-TV network to blame? No TV is protectedJenny 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 adThese 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 reallySuicide:-“Suicide Solution” by Ozzy Osbourne-son killed himself after repeatedly listening to the song-$9 million in damages-“Incites imminent lawless action”-NopeProducts liability- form of negligene suit, talks about product itselfDefective by way it was designed or way it was producedStrict liability- no question about whether you were careful or notMagazines: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 incitementNatural 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
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