Smad Chapter 14

Alien and Sedition Acts

Alien and Sedition Acts

Laws passed in 1798 that made it a crime to criticize the government of the United States.

Libel

A published statement that unjustifiably exposes someone to ridicule or contempt; for a statement to qualify as this, it must satisfy the three elements

defamation (damaging a person’s reputation in some way),

identification (Can people recognize the person in the story even without a name),

and publication (story is published or broadcasted and seen by third parties)

Privilege

A legal defense against libel that holds that statements made in government meetings, in court, or in government documents cannot be used as the basis for a libel suit.

Actual Malice

A reckless disregard for the truth or falsity of a published account; this became the standard for libel plaintiffs who were public figures or public officials after the Supreme Court’s decision in New York Times Co. v. \n Sullivan.

Intrusion

Invasion of privacy by physical trespass into a space surrounding a person’s body or onto property under his or her control.

Embarrassment

Invasion of privacy where a journalist publishes something that is true but embarrassing and not newsworthy about a person.

False Light

Invasion of privacy in which a journalist publishes untrue statements that alter a person’s public image in a way that he or she cannot control.

Misappropriation

Invasion of privacy by using a person’s name or image for commercial purposes without his or her permission.

Prior Restraint

A judicial order that stops a media organization from publishing or broadcasting a story or image.

Shield Laws

Laws that give journalists special protection from having to testify in court about their stories and sources.

Obscenity

Sexually explicit material that is legally prohibited from being published.

Equal Time Provision

An FCC policy that requires broadcast stations to make equivalent amounts of broadcast time available to all candidates running for public office.

Fairness Doctrine

A former FCC policy that required television stations to “afford reasonable opportunity for the discussion of conflicting views on issues of public importance.”

Net Neutrality

Rules that would require internet service providers to give equal access to all online content providers, regardless of device, application or platform used and content consumed.

1st amendment

allows citizens the freedom of speech, religion, press, the right to peacefully assemble, and to petition the government for a redress of grievances.

John Peter Zenger Case

a landmark trial in 1735 that established the principle of freedom of the press in America. Zenger, a journalist, was accused of libel for criticizing the governor of New York. His defense argued that the truth should be a defense against libel charges. Although Zenger was initially found guilty, the jury's decision to acquit him set a precedent for the freedom of the press in America.

New York Times v Sullivan

a landmark Supreme Court decision in 1964 that established the principle of "actual malice" for public figures in libel cases. The case was brought by L.B. Sullivan, a city commissioner in Alabama, over a Times article that contained minor factual errors. The Court ruled that for a public figure to win a libel suit, they must prove that the defendant acted with "actual malice," meaning they knew the information was false or acted with reckless disregard for the truth.

Cohen v Cowles Media

a Supreme Court decision in 1991 that held that a newspaper can be sued for breaking a promise of confidentiality to a source. The case arose when the Minneapolis Star Tribune identified a confidential source who had provided damaging information about businessman Dan Cohen. The Court held that the newspaper had breached its contract with Cohen by promising confidentiality to the source and subsequently revealing their identity.

Food Lion v ABC

a lawsuit brought by the supermarket chain against ABC News in 1996 for its reporting on the unsanitary practices at Food Lion stores. The Court found that ABC had engaged in fraudulent newsgathering practices, including using false identities and hidden cameras, but the damages awarded were limited to $2 in nominal damages. The case had a chilling effect on investigative journalism as it made it easier for corporations to sue journalists for undercover reporting. It underscored the importance of ethical standards in journalism and highlighted the need for legal protections for journalists engaged in investigative reporting.

Near v Minnesota

a landmark Supreme Court decision in 1931 that established the principle of prior restraint in the United States. The case involved a newspaper publisher, Jay Near, whose paper had been shut down by Minnesota officials for publishing scandalous and defamatory stories about local officials. The Court held that the state's attempt to stop the newspaper's publication constituted prior restraint, which is unconstitutional except in rare cases such as national security. This decision strengthened the First Amendment's protection of the freedom of the press and limited the government's ability to suppress speech and publications.