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POSC 431 Test #3

Terms in this set (15)

Branzberg v. Hayes (1972)
Rejected reporter's claim of a constitutional right to protect a confidential source
New York Times v. Sullivan (1964)
The Supreme Court concluded that "actual malice" must be proved to support a finding of libel against a public figure.
Gertz v. Welch (1974)
- SCOTUS established protection against defamation claims brought by private individuals
- private persons must at least show simple negligence if accusing libel, states can rule for more proof but must at least include simple negligence; divided public figure into limited and total
Time v. Firestone
divorce case, wife claimed defamation, Time claimed she was a public figure; court said she was not a limited public figure because she did not thrust herself into public light voluntarily; clarified limited public figure
Hustler v. Falwell
- Public figures can collect and sue under libel laws as long as they prove the publication contained a false statement of fact which was made with actual malice.
Regina v. Hicklin/Hicklin Test
- permitted a conviction for purveyors of obscenity if a publication had a mere tendency to arouse lustful thoughts in the minds of the most susceptible, usually youthful, readers.
Butler v. Michigan
- limiting adults to that which was safe for children was unconstitutional.
Roth v. U.S. (1957)
- SCOTUS decision ruled that "obscenity is not within the area of constitutionally protected speech or press."
- obscene material is not protected by the 1st Amendment
Jacobellis v. Ohio (1964)
- SCOTUS decision involving whether the state of Ohio could, consistent with the First Amendment, ban the showing of the Louis Malle film The Lovers (Les Amants), which the state had deemed obscene
- "I know it when I see it"
Memoirs v. Massachusetts
- Court again redefines the standard by saying that the obscenity in question isn't obscenity if it has a modicum of social value.
Miller v. California (1973)
- Obscenity defined as appealing to prurient interests of an average person with materials that lack literary, artistic, political, or scientific value
Jenkins v. Georgia
- Georgia theatre manager showcased movie about sexual intercourse (informative)
- Reversed a state Supreme Court ruling that the nudity in the film CARNAL KNOWLEDGE was obscene.
New York v. Ferber (1982)
- determined that the government may prohibit the dissemination of child pornography regardless of whether the material is obscene according to Miller.
American Booksellers Assn., Inc., v. Hudnut
upheld a federal district court opinion declaring unconstitutional an Indianapolis anti-pornography ordinance that made it illegal to depict women in sexually subordinate roles or positions.
Brown v. Entertainment Merchants Association
- California Law banning violent videos games was found unconstitutional
- SCOTUS founded that video games were protected under 1st amendment as other forms of media and court nullified law that video games couldn't be sold to minors
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