Test 3 Flashcards
Pavesich v. New England Life Insurance Co.
1) Absence of a precedence does not mean that right does not exist
2) The right to privacy is based in natural law and means more than freedom from restraint
3) The right to privacy encompasses the right to enjoy life and be out of the public eye
4) The right to privacy is limited by the freedom of press and speech
5) The Georgia Constitution favors the freedom of press and speech
6) One can wave the right to privacy
Bazemore v. Savanah Hospital (1930)
Establishes the extension to the Right to Privacy to family members injured by the breach.
Four Parts to Violation of Privacy
1) Intrusion upon a person’s seclusion or physical solitude
2) Public disclosure of embarrassing private facts
3) Places someone in a false light
4) Appropriation of a person for another economic gain
Central Hudson Test
1) Is the expression protected by the 1st amendment?
2) Does the government have substantial interest in the matter
3) Does the regulation directly advance that interest
4) Is the regulation narrowly tailored
Georgia Code for Advertising
Be accurate, truthful, and not misleading in fact or by application
Types of Advertising that is unlawful in Georgia
1) Advertising of a financial instrument being insured when it is not
2) Advertising of an unlicensed adoption agency
3) Advertising without the intent to sell at the price advertised
4) Advertising odometer altering devices
Shield Laws
The right of news reporters to refuse to testify as to information and/or sources of information obtained during the news gathering and dissemination process
Not covered by the constitution
Plunkett v. Hamilton
Every citizen owes to the state the responsibility to testify when called to the court so justice can be served.
Branzberg v. Hayes
News gathering qualifies for 1st amendment protection, but reporters have no more or no less protection that the average citizen
How many states have shield laws?
Over 2/3, no federal government shield law
Dessent in Branzberg v. Hayes by Potter Stuart
Potter Stuart: Suggest a 3 part test to establish whether a reporter can be ordered to divulge information
3 Part Shield Law Test
1) show probable cause that the information sought is relevant
2) you must demonstrate that the material sought cannot be obtained by alternative means
3) demonstrates a compelling and overriding interest in the information
Vaughn v. Georgia
Court says reporters do not have a right to withhold sources
Howard v. SCAD
Reporters have no privileges under the law, spurs the georgia press association into action
3 Part Bill for Shield Law in Georgia
1) Any entity engaged in gathering and dissemination of news can assert this privilege
2) The one asserting the privilege has to not be a party member of the case at hand
3) those seeking information must show that the information is necessary, cannot be obtained in another fashion
Shield Law for Georgia
Any entity engaged in the gathering and dissemination of news shall have a qualified privilege
Shield Laws
Laws established by the state to protect journalists and their sources.
Shield Law Advantages
1) Legislators can define who is a journalist
2) Legislators can move quicker than courts
3) Legislators can amend shield laws to take account of new technologies or controversies more quickly
Shield Law Disadvantages
1) Courts tend to interpret the laws the laws narrowly, not protecting journalists as well as legislators would hope
2) ability of legislators to amend laws quickly can be responsive to critical opinion instead of protection need
3) Constitution general trumps a statute
Cohen v. Cowles Media Co.
Sources can sue news organizations
Zurcher v. Standford Daily
Journalists do not get extra protection from search warrants
Change of Venue
Changing location for the court trial
Change of Venire
Changing the jury
The Continuance
A delay for parties to prepare their case
Voir Dire
When juries are call into the courtroom to be questioned so that parties can compromise on a jury
Admonition of Jury
When the judge tells the jury to not do stuff like read the newspaper
Sequestrations of the Jury
When you isolate the jury to prevent case contamination
Gag Order
To order parties to not talk to the press about the case
Sheppard v. Maxwell
Case where the media created an atmosphere where it was impossible to have a fair trial
Nebraska Press Association v. Stuart
Test for Gag Order
1) Has there been intents and pervasive publicity that is likely to affect the fairness of the trial
2) Are there no alternatives to a gag order that would protect the defendant’s rights to a fair trial
3) Will the gag order be effective?
Gentile v. State Bar of Nevada
Permissible to punish an attorney who makes an extra judicial statement that may influence the trial
Estes v. Texas
Concerned with cameras in the courtroom, ultimately decided that Estes did not receive a fair trial.
Chandler v. Florida
The presence of cameras in the court does not alone deny the defendant a fair trial.
Intellectual Property
Properties that are ideas and aren’t tangible such as patents and trademarks
Personal Property
Actual physical property
Real Property
Real estate
De May v. Roberts
A woman sued De May because he brought a 3rd person to a medical interview at her home and introduced the person as his assistant. Court ruled you can’t do that.
Griswold v. Connecticut
The Constitution protected an individual’s right to privacy
Loving v. Virginia
Invalidated laws that prohibited interracial marriage
Eisenstadt v. Baird
Allowed unmarried couples to have unprotected sex
Roe v. Wade
Abortions are legal
Carey v. Population Services
Allows people other than subscribed pharmacists to give nonprescription contraceptives to people under 16 years of age and to display advertisement for contraceptives.
Lawrence v. Texas
Legalizes sodomy, overturned Bowers v. Hardwick
California v. Greenwood and Houten
Fourth Amendment does not prohibit warrantless searches of your trash out by the curb
Trademark
A symbol, word, or phrase that is legally registered or established by use as representing a company
Rights of a copyright owner
1) reproduce the work
2) prepare derivatives of the work
3) distribute copies of the work
4) perform the work publicly
5) display the work publicly
Base duration of the copyright
Lifetime of the copyright owner plus 70 years after their death
What can be copyrighted?
- literary works
- musical works, including any accompanying words
- dramatic works
- pantomimes and choreographic works
- pictorial, graphic, and sculptural works
- motion pictures and other audiovisual works
sound recordings - architectural works
Legal Notice
A legal concept in which one party is made aware of a legal process which may affect their rights, obligations, and duties.
