Exam 3 Flashcards
Herceg v. Hustler 1987
Orgasm by death
Brandenburg v. Ohio 1969
Plaintiff must prove that words, or images in movies, books, TV shows, video games, musical recordings, and other media likely to result in “imminent lawless action” AND that the media outlet could “foresee” what would happen.
Factors for copycat crimes.
Did the media purposefully incite or encourage dangerous behavior or criminal activity?
Did the media create “an undue risk of harm” with their speech?
Was there “foreseeability?” Did the media know there was a “clear and present danger” that injury might result from the media message?
Did the media provide warnings or disclaimers about potentially harmful content?
Will there be a “chilling effect” on free speech if the media are held liable in a particular case?
What other factors may have led to the crime? Can the media truly be blamed as the main instigator of this crime?
Was this crime an isolated response to the media message? Were numerous others not affected by the message?
Weirum v. RKO
RADIO STATION “MAD SCRAMBLE”
Man killed due to erratic driving in radio
contest in Los Angeles.
SC of California – upheld $300,00 award in
damages
Radio station should have seen they were
creating “an undue risk of harm.”
Olivia N. v. NBC
- 1974 NBC aired Born Innocent
- Movie showed four girls enter shower room and rape another girl using the handle of a plunger
- Four days after broadcast, group of minors attacked and raped 9 year old girl with bottle – said movie’s shower scene gave them idea.
- Court ruled for NBC – not responsible for rape and would create a “chilling effect”.
Byers vs. Edmonson
• Natural Born Killers • Sarah Edmonson robbed convenience store, shot Patsy Byers in neck • Benjamin Darras drove getaway car, admitted they watched Natural Born Killers repeatedly and were inspired by it. • Byers sued Oliver Stone
Privacy
In short, it it’s the
right to be let alone.
Gill v. Curtis
Florida Star v. B.J.F.
Reporter from Florida Star publishes sexual assault victims name.
Court held for B.J.F – awarded $100,000 in
damages.
U.S. Supreme Court overturned – held for
newspaper: Info was legally obtained about a matter of public significance. Individual media outlets may develop their own policies about releasing sex assault victims’ names, but state may not censor material if legally obtained from government records.
Smith v. Daily Mail Publishing Co.
Publishing names of juveniles
Rule: Same reasoning as in Cohn - Media
cannot be punished for information lawfully
obtained.
Four Torts of Privacy Law
• Intrusion into a person’s seclusion or
private affairs
• Public disclosure of embarrassing private
facts
• False light
• Misappropriation
False Light Elements
Broadcast or publication placed a person in
a negative false light
• The false light would be offensive to a
reasonable person, and
• Broadcaster or publisher is guilty of actual
malice.
• NOTE: Texas has no tort claim “False Light”,
instead would likely be a “defamation” tort.
Misappropriation
“using a person’s name, image, or
likeness for commercial gain
without the person’s permission.”
California v. Greenwood
NO reasonable expectation of
privacy once personal garbage
is placed on a public sidewalk
or street.
Dietman v. Time
The First Amendment is not a
license to trespass.
Food Lion v. ABC
Reporters were hired after using false
resumes
• Food lion didn’t sue for libel (hard to prove-
truth ultimate defense)
• Sued for fraud, trespass, unfair trade
practices, breach of duty of loyalty
• Food Lion awarded $5.5 million
• Later reversed in part and affirmed in part
