Court cases
This case established that prior restraints are presumed unconstitutional.
What is Near v. Minnesota (1931)?
This is a law that applies equally to everyone, with no exemptions.
What is a generally applicable law?
What is Bollea v. Gawker (Fla. 2016)?
This privacy case concerned a journalist going undercover to catch a doctor doing his medical practice at home without a license.
What is Dietemann v. Time (9th Cir. 1971)?
This aspect of humanity, which can be hurt in defamation cases, is revered in both the Bible and Qur'an.
What is your reputation?
This case involved an illegally intercepted recording being leaked to a radio station, which was played on air.
What is Bartnicki v. Vopper (2011)?
This type of law protects journalists from revealing sources. Not every state has one, and no two are alike.
What are shield laws?
These are the two things a plaintiff must prove to win a publication of private facts case.
What are (1) the publication of the facts would be offensive to a reasonable person, and (2) the facts must not be a matter of public concern?
This is the legal act that Julian Assange was prosecuted for in connection with his WikiLeaks leak.
What is the Espionage Act?
Before the "fault" standard was raised to "actual malice," this was the original standard.
What is strict liability?
In a blow to reporters, this case established that there is no absolute, categorical First Amendment right to refuse to name sources before a grand jury.
This is an effect that courts seek to avoid. It's seen as one of the worst effects of a court ruling and is considered in reporter's privilege cases.
What is a chilling effect?
These are the four types of privacy torts.
What are false light, publication of private facts, intrusion and appropriation?
This case said the sheer manipulation of quotes by itself is insufficient to prove actual malice.
What is Masson v. New Yorker (1991)?
This is the difference between defamation and false light.
Edwards v. National Audubon Society (2nd Cir. 1977) established that as long as you work to verify a defamatory claim, that counts as —
What is "neutral reportage"?
This type of law forces plaintiffs to prove on Day 1 that they can win their case.
What is an anti-SLAPP law?
This public case involving a celebrity's car accident separated into two aspects: publication of private facts and intrusion.
What is Shulman v. Group W Productions (California SC 1998)?
If you're prohibited to publish something in this way, there is no adversarial procedure to challenge or appeal it.
What is prior restraint?
This is the type of negligence that must be proved if the case involves a private individual.
What is "duty of care"?
This case was built on "Anyone who saw his press conference knows that he lied," and a subsequent suing for defamation.
What is Milkovich v. Lorain Journal (1990)?
These are the five things a plaintiff has to prove to make a defamation case.
What are publication, identification, falsity, harm and fault?
This was the outcome/important takeaway from Glik v. Cunniffee (1st Cir. 2011).
What is there is an "unambiguous right" to recording police officers in public?
This case involved anonymity and a generally applicable law in Minnesota that said a verbal promise is a contract.
What is Cohen v. Cowles Media (1991)?
True or false: "Even a gist of the truth is a defense for defamation."
What is true?