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Valentine vs Christensen
can only distribute leaflets if political - otherwise it's littering. Sub tour ad, political message, rouse to disrtibute leaflets. (Advertising has no 1st amendment protection)
Nurse/women Construction worker/men (discrimination) Newspaper not liable, if someone put an ad in the paper, wasn't written BY the newspaper.
Regulation of alcohol prices
CAN advertise price (can advertise prescribed medication too)
Lawyers WERE prohibited from advertising
CENTRAL HUDSON TEST "Utilities may not advertise use of electricity"
Four Prong test
Advertising legal activity? (Yes)
Legitimate government interest? (to conserve energy)
Does the law advance the state interest?
Is it more restrictive than necessary? (Yes.)
Know terms on pg. 337
Listerine is just as good as flossing. (Untrue)
"Kills germs that kill guum disease" (still responsible for claim)
Opinionated claims about product "best product in town" "tastiest food in town" Can not prove.
Testimonials have to be true.
Federal Trade Commission - deals with false ad claims
deals with claims on a label
Know when advertiser won, advertiser lost
Listerine cures common cold/relieves sore throats (LISTERINE LOST, stopped saying, corrective advertising)
Listerine as good as flossing (LOST)
Propecia; "you need not face the fear of more hair loss" (SLOWED hair loss not stopped; LOST)
Traps* - Kills roaches in 24 hours (WON; does not kill ALL roaches, but starts killing in 24 hrs.)
Low Price Advertising
Low-Cost collection experts (They ARE low cost not the LOWEST COST - WON)
advertising in Puerto Rico; because it is LEGAL in Puerto Rico
3 products can't be advertised
Why was Joe Camel ridded?
Camel appealed to kids
Winston Cup (advertising cigarettes)
1998 tobacco settlement
no ads in magazines
Hard liquor ads
Flew solo across Atlantic; media circus around his child's abduction
Cameras in courtroom "distraction" takes away from fiar trial. (Now discretion of judge) (true of false)
Chandler v. Florida - "didn't get a fair trial due to cameras" Technology changed since 60s, cameras easier to use, states can now come up with own laws regarding cameras
Change of venue (moving to other location)
Sam Shepard (media circus) - media basically said he was guilty, said to contact jurors
ESSAY : 6 guidelines for Shepard Trial
Judge admonishes the jury "ignore media accounts"
Judge can issue change of venue
Judge can postpone
Judge can issue gag orders
Judge can say whether there are cameras allowed
OKC bomber trial
change of venue from OKC, no impartial jury - changed to Denver; CCTV allowed family to watch still.
waited for media coverage to die down (postpone)
Judge said no cameras for civil trial (yes in criminal)
"close off all trial" if kids present; "close off PORTION," get media out
Audio transcripts released of Bush/Gore
No cameras in what Court
CNN v. Noriega
dictator of Panama - CNN got a recording of Noriega talking with lawyers - court put gag order on CNN... CNN was fined, violated order
Branzburg v. Hayes
protecting confidential sources - talked to drug dealers; police wanted sources from newspaper, supreme court overruled, said they had to reveal sources.
States or Government make shield laws?
states make own shield laws to protect confidential sources
Justice Stewart said only get information out of journalists if you can't get it anywhere else (is it purtinent? Is there any other way to get it?) Stewart Test
Journalists should have a right to keep confidential sources
lose credibitily, people won't talk if it isn't confidential.
"Investigative book authors" are journalists - can be protected by shield laws.
20 day deadline for them to contact you
a federal agency's response to a Freedom of Information Act request in which the agency provides a list of relevant documents in the agency's possession but claims that some or all of the documents may not be released
Wanted recordings of the challenger disaster; last words of astronauts; families did NOT want that out
They were to be treated like medical records.
Bill Clinton said to release all gov't documents over 25 years old; no redactions
public meetings must be made available
must be given proper notice/access
exemptions; private matters, firings, legalities - any public issues/tax money must be made public.
Prisons are not public, true or false
True, Prisons are not public places
Right to be on private property until asked to leave. T or F?
True, you can be on the property
media wanted autopsy photos - could not get access, family said no
shares video/audio with media; military
Locations must not be reported if media is present in war, can't give names of soldiers killed. After family notified?
Yes, you can't give location or names until notification to families.
Journalists (embedded) have to be provided shelter, food, protection, etc from military
Military must provide this for the military
Military can't confiscate anything from journalists true or false.
True, they can't take anything.
sued over granada invasion, courts upheld - military needs to focus on task, media OK to not be allowed in beginning stages of attack
no pics of flag draped coffins (families respect) - if family gives permission, yes.
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