JOURN 4000: EXAM 3
49 Cards in this Set
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privatization
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when you have public gov't body that decides it doenst want to handle a certain kind of record.
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problem w. privitization
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you cant just go ot a public gov't body, you have to go to the private organizations, which costs more money
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When reporters accompany police on raids what are the two problems?
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trepass for reporters
exclusionary rule for police -need to have a search warrant (4th ammendment)
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What does "Fruit of the poisonous tree" mean?
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evidence based on findings will be excluded if police do not have a search warrant
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Fanny Hill Scandal
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material, to be obscene, had to be UTTERLY w/o redeeming social value
Defense- "sociolgical significance" enough to give it redeeming social value - DID NOT WORKwas a three person plurality decision
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Executive Privilege
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not absolute privilege to shutting off presidential records
(Ex: watergate records for nixon tapes- tapes were heard)
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Intrusion into Seclusion
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reasonable expectation of privacy
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Newsworthiness test
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2 part test
is it HIGHLY offensive to a REASONABLE person?is it of legitimate public concern/newsworthy? (newsworthiness trumps offensiveness)
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In-virto fertilization case
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issue of successful in-vitro fertilization program IS newsworthy but the fact that the woman was pregnant by that method WASNT
however- the jury decided that 3 seconds of airtime wasnt that offensive
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Why would a court apply different standards for the SLAP test?
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serious literary artistic political scientific value
Miller v. CA Court saying you apply average person standardthere might be some communities where the average person wouldnt be very good when it comes to judging whether works had serious lit, art... valueso, you should use the re…
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Griswold v. Connecticut 1965
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Prenumbral rights of privacy
-bedrock for Roe v Wadeprivacy against the gov't
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3rd Ammendment
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right to not quarter soldiers w/o your consent during times of peace
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4th ammendment
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have the right against unreasonable search and seizure
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5th ammendment
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right to remain silent and not incriminate yoruself
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9th ammendment
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Bill of Rights is not your exclusive rights
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Time v. Hill 1967
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For false light, even good light, you have to prove actual malice
Hill family held hostage by convicts - convicts were nice to thembook was written that said Hill family were heros and said convicts were horrible
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How does MO recognize false light?
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Recognizes false light if its a more flattering light
if it is less flattering its defamation
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Question in the Roth Case?
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What is obscenity?
Potter Stewart: "i know obscenity when i see it"
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What state cases justify the state?
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children or unwilling adults
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Robert Bardo
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Murdered Rebecca Schaeffer after getting her address from PI through DMV records
changed the way we do driver license records
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T/F If you change a name from Hill to Hillards is that enough?
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no
if you fictionalize something and have obscured ID enough then its okay to base off true experience
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What is Appropriation?
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if you are hocking a product and use a famous persons name withotu their permission
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Is SNL appropriaiton?
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No- paradoy defense
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Is "Ginger and Fred" the movie where cabaret dancers want to be like Ginger and Fred appropriation?
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no
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If you’re attending meeting of pub gov’t in MO, and somebody says they’re closing this meeting, then you can protest on the spot, remind the ppl trying to shut down meeting of two things law requires:
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1. must be a public vote to shut down meeting
2. public gov't body meeting must be a law/legal right to do so that allows them to shut down meeting(presumption of openness for records and meetings)
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2 things to decide if action is void
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1. where public good lies
2. hardships that could occur
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Explain Psychics Case
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ABC airs tape of psychic talking about how he isnt a real pyschic
reasonable expectation of privacy ?
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Can you name a rape victim?
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yes- but its an ethical matter
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BJF v. Florida Star
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police inadvertently gave out the rape victims name
law in FL said if truthful info and lawfully obtained its okaylater FL overturned in another case
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Virgil v. Time
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surfer guy regrets interview - wants to withdraw consent
can withdraw consent until broadcast or publication broadcasted surfer guys interview- they won the case bc the surfer guy was newsworhty- (fairly well-known, kind of an icon)
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Predominant Use Test
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many situations use a combination of commercial use and creative/expressive use- so you must look at what is predominant
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Torte Negligence
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where there is a foreseeable risk of harm - name and address of victim while assailant still at large-
ex. sandra hydecannot subject someone to a foreseeable risk of harm
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Torte of Outrage
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Torte by FL court
Skull tortelittle girl regina
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What is Time Lapse? Is it still in effect?
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if someone has past life of shame, but served their time, time lapse doctrine enforced
no longer a viable doctrine- you cannot rewrite history and if youve got a criminal record it can be dredged up
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What case delt with Time Lapse
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Briscoe
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Gallela & Jackie O
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famous people cannot be stalked
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Someone illegally intercepted a call. Can you air it?
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Is it newsworthy?
as long as your hands are clean then its ok
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Does MO have 2 or 1 party consent?
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MO has 1 party consent -
follow the law where your feet are BUT if its for braodcast then you have to worry about FCC - party notice and give consent
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What is the defense for using pictures of dead bodies?
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Defense is newsworthiness
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Lanham Act
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Federal Law
if false designation of origin or any false represenation of fact, lanham says you CAN BRING SUIT and also GET injunctions
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what case dealt with Lanham Act
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Woody Allen -
even if disclaimer or lookalike, it could be confusion
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Privacy Act of 1974
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Gov't cannot give out private info on you that is collected unless WRITTEN CONSENT
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no agency is supposed to be keeping records of your_____
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1st amendment activities
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T/F If you want to be a part of Occupy Wall St. Group you cant have an agency track you down
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True
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Appropriation questions
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is it okay for purely commercial use? (ex. Mohammed Ali) case just to sell
is it okay for creative Use? (Hustler Asshole of the month case)
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False Light Questions
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is person being put in less flattering or more flattering (Not true) light?
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you can bring a suit for false light and defamation BUT you cannot......
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collect punitive damages for both
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police do a drug bust on a meth house in town. The TV reporter stands on the sidewalk while filming the raid. What defense protects her? Standing in Principle. They do a drug bust on a meth house in town. The TV reporter stands on the sidewalk while filming the raid. What defense protec…
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standing in principle
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who got off for ignorance of defense?
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...
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JOURN 4000: EXAM 1