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Law of Mass Media, Law of Mass Media, PartPart 11

Limits on the 1Limits on the 1stst Amendment: Libel and Amendment: Libel and Invasion of PrivacyInvasion of Privacy

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Schedule UpdateSchedule Update

This week: Media Law, Chapter 13This week: Media Law, Chapter 13– Today: Libel & privacyToday: Libel & privacy– Thursday: Study guide available on WebThursday: Study guide available on Web– Friday: Free Press vs. Fair TrialsFriday: Free Press vs. Fair Trials

In-class review for exam, 2In-class review for exam, 2ndnd half of class half of class Paper 2 will be returned, Paper 2 will be returned, end of classend of class

Dec. 14: Study session (4 p.m.)Dec. 14: Study session (4 p.m.) Dec. 16: Exam 4 (10 a.m.)Dec. 16: Exam 4 (10 a.m.)

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Last Extra-Credit OpportunityLast Extra-Credit Opportunity

JAMM 444: Mass Media & Public OpinionJAMM 444: Mass Media & Public Opinion– Poster session for research projectsPoster session for research projects

TODAY and Thursday, 3:30-4:45 p.m.TODAY and Thursday, 3:30-4:45 p.m.– SUB Vandal LoungeSUB Vandal Lounge

Attend either dayAttend either day– Write summary of three research postersWrite summary of three research posters– Turn in Friday in class; 5 points maximumTurn in Friday in class; 5 points maximum

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Update:Update:WikiLeaksWikiLeaks

Julian Assange, founder and editorJulian Assange, founder and editor Turns himself in to London policeTurns himself in to London police

– Awaits extradition to Sweden to face Awaits extradition to Sweden to face criminal charges; bail deniedcriminal charges; bail denied

WikiLeaks released other secret WikiLeaks released other secret cables involving U.S.-NATO cablescables involving U.S.-NATO cables

Clicker Quiz #1Clicker Quiz #1

All of the following freedoms are All of the following freedoms are protected by the protected by the FirstFirst Amendment Amendment to the U.S. Constitution EXCEPT:to the U.S. Constitution EXCEPT:a) Religiona) Religion

b) Pressb) Press

c) Fair and speedy trialc) Fair and speedy trial

d) Speechd) Speech

e) Petitione) PetitionJAMM 100JAMM 100 55

Clicker Quiz #1Clicker Quiz #1

All of the following freedoms are All of the following freedoms are protected by the First Amendment to protected by the First Amendment to the U.S. Constitution EXCEPT:the U.S. Constitution EXCEPT:

c) Fair and speedy trialc) Fair and speedy trial

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The First Amendment: GoalsThe First Amendment: Goals

Promote the free exchange of ideasPromote the free exchange of ideas Create an informed publicCreate an informed public Allow citizens to criticize elected Allow citizens to criticize elected

officialsofficials

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Applying the 1st AmendmentApplying the 1st Amendment

Remedies still possible Remedies still possible after after publication or broadcast for:publication or broadcast for:

defamationdefamation invasion of privacyinvasion of privacy copyright infringementcopyright infringement VIDEO: VIDEO: Media LawMedia Law

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DefamationDefamation

Media outlets cannot Media outlets cannot knowinglyknowingly make false statements that make false statements that damage someone’s reputation:damage someone’s reputation:

slanderslander = spoken word = spoken word libel libel == written or printedwritten or printed libellibel = broadcast (from script) = broadcast (from script)

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Elements of LibelElements of Libel

1.1. Defamation: Does it damage someone’s Defamation: Does it damage someone’s reputation?reputation?

2.2. Identification: Can other people Identification: Can other people recognize the subject?recognize the subject?

3.3. Publication: Is the story printed or Publication: Is the story printed or broadcast (seen by a 3broadcast (seen by a 3rdrd party)? party)?

VIDEO: VIDEO: Media Law, Media Law, cont.cont.– NY Times v. SullivanNY Times v. Sullivan

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Landmark libel caseLandmark libel case

New York Times vs. Sullivan New York Times vs. Sullivan (1964)(1964) At issue: newspaper ad published At issue: newspaper ad published

in 1960 in the in 1960 in the TimesTimes Context: civil rights movement in Context: civil rights movement in

the Souththe South

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Landmark libel caseLandmark libel case

““The defense of Martin The defense of Martin Luther King, spiritual Luther King, spiritual leader of the student leader of the student sit-in movement, sit-in movement, clearly … is an clearly … is an integral part of the integral part of the total struggle for total struggle for freedom in the freedom in the South.”South.”

----NY Times NY Times advertisementadvertisement

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The AdThe Ad

New York TimesNew York Times

March 29, 1960March 29, 1960 64 signatures: 64 signatures:

politicians, politicians, educators, educators, entertainersentertainers

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The LawsuitThe Lawsuit

Luther B. SullivanLuther B. Sullivan– Public safety commissioner Public safety commissioner

(police chief)(police chief)– Montgomery, Ala.Montgomery, Ala.

Sued for libel over factual Sued for libel over factual errors in aderrors in ad

All-white jury awarded All-white jury awarded him $500,000him $500,000

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NY Times v. SullivanNY Times v. Sullivan

U.S. Supreme Court ruled:U.S. Supreme Court ruled: Alabama courts were wrongAlabama courts were wrong Sullivan not entitled to Sullivan not entitled to

damagesdamages Different standard should Different standard should

apply to public officialsapply to public officials

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New Standard for LibelNew Standard for Libel

Plaintiff must show Plaintiff must show actual maliceactual malice:: Damaging statements printed with Damaging statements printed with

knowledge they were falseknowledge they were false

OROR Reckless disregard for the truth Reckless disregard for the truth

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Significance of DecisionSignificance of Decision

New standard applies to elected New standard applies to elected and appointed officialsand appointed officials

Rationale: Encourage public Rationale: Encourage public discussion of their official dutiesdiscussion of their official duties

Later court decision applied it to Later court decision applied it to “public figures” (celebrities)“public figures” (celebrities)

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Libel law: Public figuresLibel law: Public figures

Absence of Malice Absence of Malice (1981)(1981) Showed difficulty of Showed difficulty of

public figure (Newman) public figure (Newman) in clearing his namein clearing his name

Raised ethical issues Raised ethical issues about reporter’s about reporter’s (Field’s) responsibility (Field’s) responsibility to find ‘truth’to find ‘truth’

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Libel: Public figuresLibel: Public figures

1981: Carol Burnett v. 1981: Carol Burnett v. National EnquirerNational Enquirer

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Libel: Public figuresLibel: Public figures

1981: Carol Burnett v. 1981: Carol Burnett v. National EnquirerNational Enquirer Judge ruled that Judge ruled that EnquirerEnquirer acted with actual malice under California law acted with actual malice under California law Jury awarded Burnett $1.6 million in damages; later reduced to $150,000Jury awarded Burnett $1.6 million in damages; later reduced to $150,000

– Burnett gave money to University of Hawaii for annual libel seminarBurnett gave money to University of Hawaii for annual libel seminar

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Right to PrivacyRight to Privacy

Not explicit in the ConstitutionNot explicit in the Constitution ‘‘Implied’ right = interpreted by courtsImplied’ right = interpreted by courts

– Basis for Roe v. Wade ruling, 1973Basis for Roe v. Wade ruling, 1973 Video: Video: Media LawMedia Law, cont., cont.

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IntrusionIntrusion

Courts say journalists cannot:Courts say journalists cannot: tap telephone linestap telephone lines plant hidden microphones, camerasplant hidden microphones, cameras peer with telephoto lenses into homespeer with telephoto lenses into homes break into homes, offices, hospital break into homes, offices, hospital

roomsrooms

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PaparazziPaparazzi

Freelance photographers who Freelance photographers who pursue celebritiespursue celebrities

La Dolce VitaLa Dolce Vita– Italian movie, 1960Italian movie, 1960– Photographer: Sr. PaparazzaPhotographer: Sr. Paparazza

Invasion of PrivacyInvasion of Privacy

False light:False light:Untrue statements that change a Untrue statements that change a person’s public imageperson’s public image

Similar to libel but easier to proveSimilar to libel but easier to prove

Invasion of PrivacyInvasion of Privacy

Misappropriation:Misappropriation:Right to commercial use of name or Right to commercial use of name or image image

Examples: Examples: – celebrity endorsements in advertising celebrity endorsements in advertising – photos taken without permission and photos taken without permission and

used by magazines or websites used by magazines or websites (Jennifer Aniston)(Jennifer Aniston)

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Clicker Quiz #2Clicker Quiz #2

The photographers who pursue The photographers who pursue celebrities in an attempt to get candid celebrities in an attempt to get candid pictures of them are known as:pictures of them are known as:a. Muckrakersa. Muckrakers

b. Paparazzib. Paparazzi

c. Carpetbaggersc. Carpetbaggers

d. Private investigatorsd. Private investigators

e. Digital banditse. Digital bandits