Hustler v. Falwell
prohibits awarding damages to public figures in compensation for emotional distress intentionally inflicted on them.
frequently containing claims of defamation and libel and provides legal assistance to people being sued
AP v. Walker
public figures cannot win libel judgement unless media shows reckless disregard for the truth
4 Problems with libel
1. Chilling Effect
2. High cost
3. People satisfied with money damages
4. Seek apology
Obscenity according to Supreme Court
court interprets federal statues + regulations that control the creation of erotic materials and decide how far federal and state gov. can go.
libel "per se"
libelous "on their face of it", do not have to interpret or understand cause it is obvious
libel "per quod"
hidden, "because of circumstances" the words are harmless, but when attached to circumstances might change.
Publication of Private Info
one can be held accountable if print info is highly offensive, not newsworthy and is not public interest
Porn and society
whether or not porn is clearly a public threat to safety, health and morality remains a matter for debate
Sexual music, theatre nudity, public art, nude modeling, crude humor, movie rating scale
refers to materials sexual or non-sexual that are considered to be patently offensive, they are protected
communication that has been judged to be so offensive and lacking in communication value that it is not protected by the law
Broadcast Decency Act of 2005
fine is context depicts excretory functions of organs in patently offensive manners.
FCC v. Pacifica
78- defined the power of the FCC over indecent materials in broadcasting (George Carlin)
Right to Publicity
people can control the exploitation of their name/likeness, including impersonations
Time v. Hill
family's house was broken into, they got national attention and there was a play made into to. This did not bother them until there was a series of photos shot looking just like their house.
invasion of property without consent. You have to leave if you are asked to on private property
Public v. Private - TCU can look at email cause it is run by a private institution.
Gertz v. Welch Inc.
established the Supreme Court ruling standard of first amendment protection of defamation claims against private individuals
defamatory statement that is written or printed words, pictures or in any other form except spoken.
4 Privacy Torts
1. Disclosure of Private facts
2. Intrusion or trespass
3. false light
Test for Obscenity
1. would average common modern person find that it appeals to interest
2. depicting sexual content
3. lack of serious artistic value