1. JAMM 1001 Law of Mass Media, Part 1 Limits on the 1 st Amendment: Libel and Invasion of Privacy

2. JAMM 1002 Schedule Update This week: Media Law, Chapter 13 This week: Media Law, Chapter 13 –Today: Libel & privacy –Thursday: Study guide available on Web –Friday: Free Press vs. Fair Trials In-class review for exam, 2 nd half of class In-class review for exam, 2 nd half of class Paper 2 will be returned, end of class Paper 2 will be returned, end 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.)

3. JAMM 1003 Last Extra-Credit Opportunity JAMM 444: Mass Media & Public Opinion JAMM 444: Mass Media & Public Opinion –Poster session for research projects TODAY and Thursday, 3:30-4:45 p.m. TODAY and Thursday, 3:30-4:45 p.m. –SUB Vandal Lounge Attend either day Attend either day –Write summary of three research posters –Turn in Friday in class; 5 points maximum

4. JAMM 1004 Update: WikiLeaks Julian Assange, founder and editor Julian Assange, founder and editor Turns himself in to London police Turns himself in to London police –Awaits extradition to Sweden to face criminal charges; bail denied WikiLeaks released other secret cables involving U.S.-NATO cables WikiLeaks released other secret cables involving U.S.-NATO cables

5. Clicker Quiz #1 All of the following freedoms are protected by the First Amendment to the U.S. Constitution EXCEPT: a) Religion b) Press c) Fair and speedy trial d) Speech e) Petition JAMM 1005

6. Clicker Quiz #1 All of the following freedoms are protected by the First Amendment to the U.S. Constitution EXCEPT: c) Fair and speedy trial JAMM 1006

7. 7 The First Amendment: Goals Promote the free exchange of ideas Promote the free exchange of ideas Create an informed public Create an informed public Allow citizens to criticize elected officials Allow citizens to criticize elected officials

8. JAMM 1008 Applying the 1st Amendment Remedies still possible after publication or broadcast for: defamation defamation invasion of privacy invasion of privacy copyright infringement copyright infringement VIDEO: Media Law VIDEO: Media Law

9. JAMM 1009 Defamation Media outlets cannot knowingly make false statements that damage someone’s reputation: slander = spoken word slander = spoken word libel = written or printed libel = written or printed libel = broadcast (from script) libel = broadcast (from script)

10. JAMM 10010 Elements of Libel 1. Defamation: Does it damage someone’s reputation? 2. Identification: Can other people recognize the subject? 3. Publication: Is the story printed or broadcast (seen by a 3 rd party)? VIDEO: Media Law, cont. VIDEO: Media Law, cont. –NY Times v. Sullivan

11. JAMM 10011 Landmark libel case New York Times vs. Sullivan (1964) At issue: newspaper ad published in 1960 in the Times At issue: newspaper ad published in 1960 in the Times Context: civil rights movement in the South Context: civil rights movement in the South

12. JAMM 10012 Landmark libel case “The defense of Martin Luther King, spiritual leader of the student sit-in movement, clearly … is an integral part of the total struggle for freedom in the South.” --NY Times advertisement

13. JAMM 10013 The Ad New York Times March 29, 1960 64 signatures: politicians, educators, entertainers 64 signatures: politicians, educators, entertainers

14. JAMM 10014 The Lawsuit Luther B. Sullivan Luther B. Sullivan –Public safety commissioner (police chief) –Montgomery, Ala. Sued for libel over factual errors in ad Sued for libel over factual errors in ad All-white jury awarded him $500,000 All-white jury awarded him $500,000

15. JAMM 10015 NY Times v. Sullivan U.S. Supreme Court ruled: Alabama courts were wrong Alabama courts were wrong Sullivan not entitled to damages Sullivan not entitled to damages Different standard should apply to public officials Different standard should apply to public officials

16. JAMM 10016 New Standard for Libel Plaintiff must show actual malice: Damaging statements printed with knowledge they were false Damaging statements printed with knowledge they were falseOR Reckless disregard for the truth Reckless disregard for the truth

17. JAMM 10017 Significance of Decision New standard applies to elected and appointed officials New standard applies to elected and appointed officials Rationale: Encourage public discussion of their official duties Rationale: Encourage public discussion of their official duties Later court decision applied it to “public figures” (celebrities) Later court decision applied it to “public figures” (celebrities)

18. JAMM 10018 Libel law: Public figures Absence of Malice (1981) Showed difficulty of public figure (Newman) in clearing his name Showed difficulty of public figure (Newman) in clearing his name Raised ethical issues about reporter’s (Field’s) responsibility to find ‘truth’ Raised ethical issues about reporter’s (Field’s) responsibility to find ‘truth’

19. JAMM 10019 Libel: Public figures 1981: Carol Burnett v. National Enquirer

20. JAMM 10020 Libel: Public figures 1981: Carol Burnett v. National Enquirer Judge ruled that Enquirer acted with actual malice under California law Judge ruled that Enquirer acted with actual malice under California law Jury awarded Burnett $1.6 million in damages; later reduced to $150,000 Jury awarded Burnett $1.6 million in damages; later reduced to $150,000 –Burnett gave money to University of Hawaii for annual libel seminar

21. JAMM 10021 Right to Privacy Not explicit in the Constitution Not explicit in the Constitution ‘Implied’ right = interpreted by courts ‘Implied’ right = interpreted by courts –Basis for Roe v. Wade ruling, 1973 Video: Media Law, cont. Video: Media Law, cont.

22. JAMM 10022 Intrusion Courts say journalists cannot: tap telephone lines tap telephone lines plant hidden microphones, cameras plant hidden microphones, cameras peer with telephoto lenses into homes peer with telephoto lenses into homes break into homes, offices, hospital rooms break into homes, offices, hospital rooms

23. JAMM 10023 Paparazzi Freelance photographers who pursue celebrities Freelance photographers who pursue celebrities La Dolce Vita La Dolce Vita –Italian movie, 1960 –Photographer: Sr. Paparazza

24. Invasion of Privacy False light: Untrue statements that change a person’s public image False light: Untrue statements that change a person’s public image Similar to libel but easier to prove Similar to libel but easier to prove

25. Invasion of Privacy Misappropriation: Right to commercial use of name or image Misappropriation: Right to commercial use of name or image Examples: Examples: –celebrity endorsements in advertising –photos taken without permission and used by magazines or websites (Jennifer Aniston)

26. JAMM 10026 Clicker Quiz #2 The photographers who pursue celebrities in an attempt to get candid pictures of them are known as: a. Muckrakers b. Paparazzi c. Carpetbaggers d. Private investigators e. Digital bandits