Mass Comm Law - Exam 1

ex) Adderly v. Smith 385 U.S. 39 (1966)

• >> Adderly = plaintiff (initiating lawsuit)
• >> Smith = defendant (responding)
• >> 385 = volume
• >> U.S. = source where decision can be found
• >> 39 = page where decision begins
• >> 1966 = year case was decided

• Jay Near published the Saturday Press. He claimed the Jews were in charge of organized crime in the city. He was declared a nuisance and an injunction was issued prohibiting future "scandalous matter"
• > First time the Supreme Court declared a state's prepublication stature as unconstitutional -- NEWSPAPER DECLARED ACCEPTABLE; thus, declaring all prior restraints as unconstitutional -- 1st amendment will also protect the unjust

• NY Times attempted to publish a series of stories based on a secret Pentagon study on the Vietnam War. aka the "Pentagon Papers" case.
• > First time US filed an injunction against a newspaper
• > 6-3 decision, US did not have enough proof to restrain the press

• Governor Huey Long convinced Louisiana legislature to pass a license tax of 2 percent on the gross receipts of the state's newspapers
• > Supreme Court ruled a discriminatory state tax placed on newspapers of a certain circulation size was prior restraint

• Minnesota decided to tax newspapers that used large amounts of ink and paper
• > Supreme Court determined that the tax was discriminatory against large papers and a prior restraint

• Arkansas imposed a sales tax on general circulation magazines but NOT on religious, professional, trade, or sports journals.
• > Supreme Court declared tax was unconstitutionally discriminatory

• A tv station reported the name of a rape victim which was in violation of a Georgia statute. The father brought a civil suit against the situation.
• > Supreme court ruled a state does NOT have the right to punish the media if the information was obtained in an open court room.

• Virginian Pilot published the name of a judge being investigated for misconduct by the Virginia Judicial Inquiry and Review Commission. This action violated a state law.
• > Supreme Court declared that VA could not punish the media for publishing truthful information.

• Two newspapers identified a 14 year old who shot and killed a classmate at a junior high school. Reporters obtained the name by asking witnesses, police, and attorney. The action violated a WVA statute.
• > Supreme Court ruled that the WVA statute was over-broad because it singled out only newspapers for punishment.
• > a state can punish the media for truthful information "to further a state's need of the highest order"

• A federal judge stopped the Progressive from publishing an article describing how to build an H-bomb. Even though the article was based on public information, it violated the Atomic Energy Act.
• > Fed. gov't DROPPED ITS SUIT after information similar to the Progressive's article was published elsewhere.
• > Gov't was successful in restraining the publication and ultimately altering the content of the article

• Frank Snepp published a book, Decent Interval. He violated his CIA contract by publishing before submitting the manuscript to the CIA.
• > Nondisclosure employment contracts are not a prior restraint and are not unconstitutional (CIA is correct)
• > Snepp's earnings from the book, movies, speeches, etc. go to "constructive trust" which revert to the government.

• Samuel Morison, a civilian Navy analyst, was convicted in federal court of violating the Espionage Act of 1917. He passed a secret satellite photo of a soviet aircraft carrier to Jane's Defense Weekly.
• > Government may punish an individual for leaking national security information to unauthorized persons in peace time.

• A reporter-trainee for the Florida Star acquired BJF's name (a rape victim) from a press release prepared by the sheriff's department. Her name was published in violation of a state statute.
• > Supreme Court ruled a media defendant cannot be punished for lawfully gained information; HOWEVER, if the statute was drawn more narrow, the media could be punished for publishing truthful information.

• Gregory Lee Johnson burned an American flag at the 1984 Republican National Convention to protest the politics of the Reagan administration.
• > Burning of the US flag is protected by the Constitution as a symbolic form of speech.

• Robert A. Victoria was charged for burning a cross inside a fenced yard of the home of Russ and Laura Jones, a black couple. The 17-year-old was charged under a city ordinance.
• > Supreme Court declared a city ordinance which was based on "race, creed, religion, or gender" fighting words was unconstitutional content regulation.

• Principal censored an article about teen pregnancies and divorce from the student newspaper
• > Public High School principals can censor High School newspapers (unlike college)

• Miami Herald refused to publish a reply to the paper's criticism of Pat Tornillo, a candidate for the state legislature. The paper charged that Tornillo had led an illegal teachers' strike a few years earlier.
• > Newspapers have stronger First Amendment rights than electronic media

• English litigation was the result of the distribution of an immoral publication. Pamphlet was anti-Catholic but prosecuted under the Obscene Publication Act of 1857.
• > Allowed isolated passage effect, uses a susceptible person standard. Came to be known as the "Hicklin Test"

• > Advocated the adoption of the 1873 Comstock Act, which kept racy books/material off of shelves
• > appointed to enforce law; became the only censor of the time

• Custom officials tried to stop the importation of James Joyce's Ulysses.
• > Federal judge in NY ruled that the literary or artistic merit of a work can be weighed against any incidental obscenity. Overturned the Hicklin test.
• > Criminal debate over obscenity of content.

• Roth was convicted for mailing an obscene book, circular, and advertising. Alberts was convicted for distribution of obscene books in CA.
• > Obscenity must be determined by the average person--overturned the over-broad Comstock Act--the work must be judged as a whole and obscenity is utterly without redeeming social importance.

• Ralph Ginzburg mailed a hardbound magazine along with two other periodicals. Advertising emphasized the erotic nature of his publications.
• > Ginzburg was guilty of pandering - advertising and promoting non-obscene material in an obscene way.

• John Cleland's Memoirs of a Woman of Pleasure was ruled to be obscene
• > obscene work must be utterly without a redeeming social value

• Redrup was prosecuted for distribution of "sexy" magazines
• > statutes concerning obscene materials must be specific and narrow in scope

• Sam Ginsberg was convicted for selling porn to a minor.
• > established a variable standard of obscenity - one for adults and one for juveniles

• Stanley was convicted for possession of obscene films found while police were searching his residence for illegal bookmaking
• > private possession of obscene material is permissible (though they cannot make, buy, or sell)

• Racketeer Influenced and Corrupt Organization Act
• > 1984 amended to be used against obscenity and porn
• > can seize all "interests" connected to a racketeering enterprise

• Miller was convicted under state law for conducting a mass-mailing campaign to advertise four books and a film containing sexually explicit pictures and drawings.
• > Avg person, applying contemporary community standards
• > Scientific, Literary, Artistic, Professional Standards (SLAPS) - all parts must be met for a work to be obscene

• Hamling was convicted by the use of expert witnesses
• > Jurors may rely on their own knowledge of their community's standards

• Detroit passed a zoning ordinance that prohibited adult bookstores/theaters from locating close to residential areas/churches/sexually oriented businesses
• > ruled "erogenous zones" are a valid way to control obscenity

• Ferber was convicted for selling undercover police two films of young boys masturbating
• > there is a need to physically and emotionally protect the well-being of minors

• Ohio had a state law that made it a crime to view child pornography in own home. Osborne was arrested and convicted on a lower court and on appeal.
• > state's interest far exceeded what it characterized as GA's "paternalistic interest" in protecting the minds of adult viewers of porn

• ACLU challenged the Communication Decency Act (subsection of Telecom 96) as unconstitutional on its face
• > S Ct. ruled CDA was unconstitutional

• 1996 - congress adopted an amendment to fed. child porn law that barred sale and distribution of any images that "appear" to depict minors performing sexual acts
• > amendment ruled to violate 1st amendment

• 1977 - protection of children against sexual exploitation
• 1990 - child protection restoration and penalties enhancement act
• 1996 - child pornography prevention act
• 1996 - communication decency act (cda)

Restrict access to minors

If needed for RESEARCH, librarian can take block or filter off

S Ct. upheld an injunction against COPA and determined that COPA was likely unconstitutional. Unconstitutional 1998.

• Williams challenged his pandering conviction constitutionally
• >conviction upheld
• >PROTECT act upheld by s ct.