Media Law Oral Midterm

Civil Law vs Criminal Law

Civil law deals with disputes between people or organizations where criminal law involves the government prosecuting the defendant.

The two pronged test of free speech

• The ability to go unpunished after venting severe criticism of those holding political power

• Can a government official check over what you have written and deny you the right to publish it? (prior-restrainted or pre publication censorship)

Do we pass the two pronged test of free speech

Yes, you cannot be punished for criticizing those in power and the government cannot typically deny you the right to publish your work.

the role of the 1st amendment in free speech

The 1st Amendment protects the right to free speech from government interference and promotes expressive freedom, even for controversial ideas.

the role of the 5th amendment in free speech

A constitutional provision that protects individuals from self-incrimination and guarantees due process, indirectly influencing the regulation and consequences of speech.

the role of the 14th amendment in free speech

The 14th Amendment extends the protections of the 1st Amendment to the states, it declares that no state shall deprive any person of life, liberty, or property without due process of the law.

what areas of speech are not protected under the first amendment?

• fighting words

• incitement to violence

• defamation

• obscenity

government censorship

When a government authority restricts speech, expression or information based on content.

• ex: John Peter Zenger was jailed for publishing attacks against govener william Cosby.Ex: John Peter Zenger was jailed for publishing attacks against Governor William

community censorship

The silencing of speech by private people or business entities, often as a result of pressure exerted by community members or organizations.

• ex: modern day cancel culture

Why are forums relevant to free speech?

The type of forum affects the ability of the government to regulate free speech there.

Where does the government have less power to regulate free speech?

• traditional public forums

• designated public forums

what are the four types of forums?

• traditional public forums

• designated public forums

• limited public forums

• nonpublic forums

traditional public forum

Public places that have a long-standing history of being devoted to assembly and speeches. These places are where free speech is most protected.

• street corners

• public parks

• public sidewalks

• Plaza in front of City Hall

designated public forums

Places created by the government to be used for expressive activities

• a city owned auditorium

• a fairground

• community meeting hall

• student newspaper

limited public forums

A forum that the government opens for use only by certain groups or is limited to the discussion of only certain topics

• public university spaces

nonpublic forums

public property that is not by tradition or designation a forum for public communication.

• postal service mailbox

• utility poles

• airport terminals

• political candidate debates on public television

What are the five elements necessary for a plaintiff to prove libel?

• The libel was published

• words were of and concerning the plaintiff

• material is defematroy

• material is false

• defendent was at fault

what are the two types of fault?

• actual malice

  • knowledge of falsity, or reckless disregard for the truth

• negligence

  • Failure to exercise ordinary or reasonable care.

what are the two common defenses for libel?

• truth

• fair comment/opinion

Why is truth a common defense against libel?

If a statement is proven true, it cannot be defamatory and falsity is a requirement for libel.

why is fair comment/opinion a common defense against libel?

it protects expressions of personal judgment about matters of public interest. This defense acknowledges that public discourse on public issues often involve criticism.

common types of defamatory statements

• Defamation per se

• Defamation per quod

Defamation per se

libel on its face and the court will presume that that such defamatory statements automatically damage reputations.

Defamation per quod

libel arising from the context of the words; the court will determine if the statement did in fact damage the plaintiff’s reputation

What type of statements most commonly lead to a lawsuit?

• crime

• sexual references

• personal habits

• ridicule

• business reputation

New York Times v. Sullivan

About a lawsuit filed by a Montgomery, Alabama city commissioner who claimed he was defamed by a newspaper ad criticizing police actions during the civil rights movement. Although the ad contained some factual errors, the Supreme Court ruled that public officials must prove actual malice to win a libel case, protecting free speech and press under the First Amendment.

Near v. Minnesota

About a Minnesota law that allowed the government to shut down newspapers deemed "malicious" or "scandalous," which was used to stop a paper criticizing local officials. The Supreme Court struck down the law, ruling that prior restraint—censorship before publication—is unconstitutional in most cases, protecting freedom of the press under the First Amendment.

The Pentagon Papers Case

involved the U.S. government trying to stop the New York Times and Washington Post from publishing classified documents about the Vietnam War. The Supreme Court ruled that the government could not impose prior restraint unless it could prove publication would cause a direct, immediate, and serious harm to national security, reinforcing strong First Amendment protections for the press.

The Zenger Trial

Famous case of government censorship. Involved the newspaper publisher John Peter Zenger, who was charged with libel for publishing articles that criticized the colonial governor of New York. Zenger was acquitted after his lawyer argued that the articles were true, helping to establish the principle that truth is a defense against libel and laying the groundwork for freedom of the press in America.

Bradenburg v. Ohio

involved a Ku Klux Klan leader convicted under an Ohio law for giving a speech that seemed to advocate violence. The Supreme Court overturned the conviction, ruling that speech is protected under the First Amendment unless it is intended to incite imminent lawless action and is likely to produce such action, establishing the modern two-prong test for limits on free speech.

The Tinker Case

was about students who were suspended for wearing black armbands to protest the Vietnam War. The Supreme Court ruled in favor of the students, stating that students do not lose their First Amendment rights at school and that schools cannot censor student speech unless it substantially disrupts the educational environment.

Injunction

A judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act, e.g., to make restitution to an injured party.

Seditious Libel

a criminal offence under common law of printing written material with seditious purpose – that is, the purpose of bringing contempt upon a political authority

Compensatory damages

monetary awards intended to compensate a party for actual losses or injuries resulting from another party's actions.

Punitive damages

damages assessed in the legal process to punish a defendant for negligence. The defendant is usually a company or other large entity. Examples would medical malpractice cases or product liability cases.