Chapter 6: Libel: Defenses and Damages

Read pp. 232-236. Know what criminal libel is and how it differs from civil libel. What are the four parts of the Intentional Infliction of Emotional Distress tort? (p. 234) Know the details of the Jerry Falwell/Hustler Magazine case. This means know who brought the original suit and why (Falwell v. Flynt (1986)) and what the outcome was in the trial court. Then describe the case as it moves through the courts, ultimately landing in the Supreme Court (Hustler Magazine v. Falwell (1988)). What was the final court ruling?

Chapter 7-Invasion of Privacy: Appropriation and Intrusion

Define Privacy (according to notes). What was the major argument used by Warren and Brandeis in their Harvard Law Review article on privacy that was published in 1890? (p. 240) There are four areas of privacy law (p. 241). What is appropriation? Be able to distinguish between the right to privacy and the right to publicity. (Know about associated case: McFarland v. Miller (1994), i.e., Spanky of The Little Rascals case, p. 243-244). Are look-alikes and soundalikes subject to appropriation (Consider Midler v. Ford Motor Co. (1988) (p. 247-248) and White v. Samsung Electronics America, Inc. (1992)? What are two or three examples of advertising and trade purposes (p. 249-250)? There is a news and information exception to appropriation, which is highlighted in Time v. Hill (1967). However, what might be considered newsworthy by one judge may be considered commercial appropriation by another judge (consider Hoffman v. Capital Cities/ABC (1999). Just know that some judges reject the claim that all material in a newspaper or in a newscast is newsworthy. What is the doctrine of incidental use (p. 252)? What is the Booth Rule (p. 252-253) (Based on Booth v. Curtis Publishing Co. (1962))? Consent can be used as a defense…what are the criteria outlined in the notes? What are the 3 instances when consent won't work as a defense? If someone is dead, does he/she have the right to privacy? If not, what right does he/she have? What is intrusion? How does intrusion differ from the other 3 areas of privacy law? What is the key question the court asks in every intrusion case (p. 266). Privacy in public typically cannot be maintained, although many have sued for invasion of privacy. One case in the text is Gallella v. Onasis (1982). Be familiar with this case. A key case dealing with the use of hidden recording devices is Dietemann v. Time (1971). What are the details of this case? What was the ruling by the California appeals court? What distinguishes this case from subsequent cases? Answer: recording/photography in private home. How did the Illinois appellate court distinguish the Cassidy v. ABC (1978) case from Dietemann (p. 269-270)?

Chapter 8-Invasion of Privacy: Publication of Private Information and False Light

What is publicity about private facts(3 elements)? What does publicity mean in privacy law as compared to libel law? The courts determine private facts. Two cases we discussed are Lee v. Penthouse (1997) and Sipple v. Chronicle Publishing Co. (1984). Know the details of the case as they apply to the notion of publication of private information. Rape victims' names cannot be published in FL, GA, SC, and Wisconsin. Other states rely on journalistic integrity and ethics. What are 3 arguments against naming rape victims (p. 279)? What is an argument for naming rape victims? Know the three cases we discussed regarding sexual assault victims being named: Cox Broadcasting v. Cohn (1975); Florida Star v. B. J. F. (1989); and Florida v. Globe Communications Corp. (1993). What case is an example of how the courts answer if material is offensive to a reasonable person? Answer: Barber v. Time (1942). Know the details of this case about "the starving glutton." Two cases that are important to determining legitimate public concern are Virgil v. Time (1975) and Howard v. Des Moines Register (1979). Be aware of the details and rulings of these cases. What are the 3 criteria to establish false light? What is fictionalization? Recall the Joyce Carol Oates book with the character named Julia Roberts. Character was not like the real life Julia Roberts. What is the simple rule journalists and authors should follow to avoid false light? Be aware that other falsehoods can bring about false light suits. One key case is Duncan v. WJLA-TV 10 M. L. R. (1984). This is the case about the video of the woman who was shown while the news reporter said "For 20 million Americans who have herpes, it's not a cure." Know this case. The case Cibenko v. Worth Publishers (1981) is a case dealing with what might be considered highly offensive material. The case is about the police officer in the sociology book. What is the first-ever mass media invasion of privacy case? Answer: Time, Inc. v. ill (1967). Know this case completely. The case established the fault requirement for false light cases and said plaintiffs must prove actual malice. Also be aware of the importance of Cantrell v. Forest City Publishing, Co. (1974) in terms of the courts failure to rule whether or not the Gertz v. Welch variable fault standard is applicable to false light cases. It remains an open question.

Chapter 9-Gathering Information: Records and Meetings

Although we didn't go into detail on these cases, please be familiar with Houchins v. KQED (1978) and Richmond Newspapers v. Virginia (1980) regarding the courts view of journalists' rights to gather news. We watched the video about Food Lion, Inc. v. Capital Cities/ABC (1999). Know the details of the case and the outcome. More importantly, be prepared to discuss the ethics of hidden cameras and fraud/deception (p. 315) as it relates to this case and general newsgathering practices. What is the Freedom of Information Act (FOIA)? Why is it important? Know 3 of the 9 exceptions to the FOIA. What is the Electronic Freedom of Information Act (EFOIA)? What is an example of a government agency? What is an agency record? (p. 326).

Chapter 10-Protection of News Sources/Contempt Power

Why do journalists need to protect their sources? What are three options for journalists served with a subpoena? What does the 6^th Amendment guarantee? Name two arguments for requesting confidential source information. Name two arguments against requesting information. What is reporter's privilege? Are there any qualifications? Know the tips for promising confidentiality. What is promissory estoppel? How can a plaintiff prevail in a promissory estoppel case? An associated case you should know is Cohen v. Cowles Media Co. (1991). What is the significance of Branzburg v. Hayes (1972)? How have the rulings in recent years changed from the ruling in Branzburg v. Hayes? What are shield laws? Do all states have them? What 3 things did Justice Potter Stewart, writing for the dissenters in Branzburg v. Hayes (1972), say the government must prove to force reporters to reveal sources?

Chapter 11-Free Press/Fair Trial: Trial Level Remedies and Restrictive Orders

What are the six trial level remedies for pretrial publicity? Briefly explain each. Know the Sheppard v. Maxwell (1966) case very well. Understand its significance as it attempted to align First Amendment rights (Free Press) with 5th Amendment rights (Due Process) as well as 6^th Amendment rights (Fair Trial). Nebraska Press Association v. Stuart (1976) is important because gag order was declared unconstitutional, but courts established a 3-part test for Restrictive Orders aimed at the press. Know the case details and the 3-part test.

Chapter 12-Free Press/Fair Trial: Closed Judicial Proceedings

Dr. Fargo mentioned the Press-Enterprise v. Riverside Superior Court (1986) case. Be familiar with this case that established that a presumptively open pretrial proceeding should be open, unless there is a compelling reason to close it. There are 5 parts to the Press-Enterprise Test (p. 439-440). Know the preliminary questions that must be asked (p. 439) as well as the 5-parts of the test. Cameras in the courtroom were the focus of Estes v. Texas (1965) and Chandler v. Florida (1981). What were the rulings?