Exam 2 Court Cases Flashcards
McDougal v. Fox News Corp.
McDougal sued Carlson for comments made about her extorting Trump.
*Carlson defense
* “Given Mr. Carlson’s reputation, any reasonable viewer ‘arrive[s] with an appropriate amount of skepticism’”
Bartnicki v. Vopper
If media lawfully obtained from a third party/ didn’t participate in illegal taping/ media have a First Amendment right to air the tape
*Must be a matter of public interest
Lawrence v. Texas
Police stormed in on Lawrence and another man getting it on
*Ct overturned Bowers, Texas Sodomy laws and 12 other laws
Kyllo v. U.S.
The use of thermal imaging equipment violated the right of privacy guaranteed by the Fourth Amendment
NYT v. Sullivan
NYT was appealing libel judgement in favor Sullivan a Montgomery City commissioner. NYT published a story about how the City was responding to civil rights demonstrators.
Times, Inc. v. Hill
The Hill family was taken hostage in their own home by 3 criminals. A book and movie were made about the story. The movie was significantly different (perps victimized the Hills-not true). The Hills sued based on the theory that it was based on their experience but not accurate.
*The Ct overturned finding to win false light cases the plaintiff must prove it was published “knowing it was false or with reckless disregard (NY Times holding/standard).
*The Hills dropped the suit-even though many believe they could prove malice
Katz v. U.S.
*A person’s right of privacy extends to all areas where there is a justifiable right of privacy
*No physical trespass needed for invasion
*Reversed Olmstead
Wilson v. Layne
The media—and law enforcement officers—risk liability for media ride-alongs that allow journalists to enter a private home, even if the officers have a search warrant.
Ostergren v. Cuccinelli
“The First Amendment does not allow Virginia to punish Ostergren for posting its land records online without redacting SSNs when numerous clerks are doing precisely that.”
Obergefell v. Hodges
Overturned the Sixth Circuit’s ruling and held that same-sex couples have a constitutional right to marriage in all 50 states.
Cox Broadcasting v. Cohn
(Rape disclosure case) the Ct rejected lawsuits against the media for publishing such information (lawfully obtained)
*Trials are public events; what transpires in the courtroom is public property
*Basic rule- if the information is obtained lawfully from public records, it is safe to publish.
Dietemann v. Times
The ct held the newspaper had a right to publish the story but could not use the evidence gathered by the secret recording devices.
Bowers v. Hardwick
The Ct upheld a Georgia law forbidding sex acts “sodomy”, even between consenting adults in private.
NCAA v. Alston
The Ct ruled NCAA strict limits on payments to student-athletes violated antitrust laws, at least as it concerns payments for educational benefits, like equipment, scholarships, tutoring and internships.- Days later NCAA suspended limits on NIL.
Gertz v. Welch
- Determined that Plaitiff much show fault of the media in libel cases
- Established Negligence
Griswold v. Connecticut
The Ct held that implied in the Bill of Rights was the right of privacy.
* the implied right of privacy bars the state from involving itself in individuals’ sexual relations in marriage
Olmstead v US
*Government eavesdropping to gain evidence against suspected bootleggers in the prohibition era, and the majority opinion held that there was no violation of any right of privacy unless the federal agents committed a physical trespass in order to listen in.
*Reversed in Katz v. US
Moreno v. Hanford Sentinel
*The court considered whether Moreno had a cause of action for publication of private facts and intentional infliction of emotional distress.
*Posting on MySpace was not private; anyone could see it, and Moreno had her picture and first name on her profile, so her identity was not private
US v. Windsor
Ct struct down DOMA and dismissed the Constitutional challenge to California’s prop 8 challenge.
*Ct found that under DOMA couple could be married under state law but not federal law.
Carpenter v. US
Cell phone tracking data (cell towers) is also protected
