Unit 3 test: Press, libel, and obscenity

Question 1

Muckraking

Answer 1

A form of journalism, in vogue in the early twentieth century, concerned with reforming government and business conduct.
Used to expose corruption.

Question 2

Whistleblowers

Answer 2

Inside person who gives confidential/classified info to the public (or media who can disseminate it) to raise public awareness/change policies or laws.

Question 3

The doctrine of No Prior Restraint

Answer 3

This means you do not limit speech before publication.

Question 4

Near v. Minnesota

Answer 4

The 1931 Supreme court decision holding that the first amendment protects newspapers from prior restraint unless it is a national security issue.
IS: Does the MN “gag law” violate 1st A? Yes.
RE: Govt cannot censor in advance even if it might be punishable after the fact. Need for the public to know about these issues even if sensational.
- News articles about local officials tied to organized crime are allowed.

Question 5

Chilling effect doctrine

Answer 5

The requirement that courts invalidate laws that are written in such a way as to lead to self-censorship because people cannot determine the legality of their actions before they undertake first amendment activities.

Question 6

Grave & Immediate Danger test

Answer 6

Established in New York Times Co. v. U.S.

- The national security exception can only be enacted on restricting speech if there is a “grave & immediate danger”

Question 7

New York Times Co. v. U.S. (Pentagon papers case)

Answer 7

Ellsberg concerned about a classified report, “the pentagon papers”, that ran counter to what the White House was reporting. Ellsberg “leaked” information to NY Times.

• National security can be used as an exception to get an injection but only with a “grave & immediate danger”.
• The govt can punish for speech after the fact, but not in advance.
• This case established the “grave & immediate danger” test

Question 8

Fairness Doctrine

Answer 8

A Federal Communications Commission(FCC) requirement that broadcasters who air programs on controversial issues provide time for opposing views to respond to claims. (not good law anymore).

• The fairness doctrine protects balanced & open discussion of contested issues.
• (a type of government control of broadcast media: mandating content).

Question 9

Equal time rule

Answer 9

An FCC rule that if a broadcaster sells time to one candidate, it must sell equal time to other candidates.
- (a type of government control of broadcast media: mandating content).

Question 10

Right to rebuttal

Answer 10

An FCC regulation giving individuals the right to have the opportunity to respond to personal attacks made on a radio or TV broadcast (does not mean you get to speak- just that they ask you “comment/no comment).
- (a type of government control of broadcast media: mandating content).

Question 11

Critical point

Answer 11

Pring media is not as heavily regulated.

Question 12

Libel speech

Answer 12

Defamation by print/visual presentation about individuals,

• individual libel is the same as defamation (group defamation is hate speech).
• To be libel must be focused on individual or identifiable persons.

Question 13

Slander

Answer 13

Oral defamation

Question 14

Strict liability

Answer 14

This means that publishing anything false is ground for damages (no falsehood can be punished, truth is always an absolute defense to libel, private individuals (not public figures)).

Question 15

Malice standard for public figures (liability of the press)

Answer 15

If public figures are involved, the press must not “knowingly” print something false.

• must take reasonable steps to ensure that the truth has been printed.
• Must prove that the paper published statements with actual malice (that the authors knew the information was false but published it anyway) or
• it must show that publication recklessly disregarded the truth.

Question 16

Classes of public figures

Answer 16

3 classes of figures:

• Those with general fame & notoriety in the community always are public figures (all-purpose public person)
• Those who inject themselves into the public controversy to influence outcome of conflict considered to have become public figures (limited-purpose public figure)
• Involuntary public figures are those affected by actions/events of others (e.g. public officials, criminal defendants. etc. “private person”).

Question 17

All purpose v. Limited purpose public figures

Answer 17

All-purpose:
- uses actual malice standard meaning greater burden on the plaintiff to prove the defended acted with actual malice

Limited purpose public figure:

1) person who voluntarily becomes a key figure in a particular controversy (inject themselves into controversy) or
2) person who gained prominence in a particular, limited field, but who celebrity has not reached all-encompassing level.

Question 18

Actual malice standard of limited-purpose public figures

Answer 18

Actual malice standard applies only to the subject matter related to controversy in question or to the field in which limited purpose person is prominent (not a person’s entire life).
- Passage of time does not affect an individual who has achieved fame through participation in controversy as ling as the public maintains an “independent” interest in the underlying controversy.