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Important Supreme Court Cases on Media Law

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Buckley v. Valeo

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1976, Upheld federal limits on campaign contributions and ruled that spending money to influence elections is a form of constitutionally protected free speech.

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Hustler Magazine, Inc. v. Falwell

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1988, Held that public figures cannot recover damages for intentional infliction of emotional distress without showing that the offending publication contained a false statement made with actual malice.

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Hazelwood School District v. Kuhlmeier

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1988, Allowed public high schools to censor school-sponsored student publications.

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Branzburg v. Hayes

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1972, Affirmed that the First Amendment does not relieve a reporter of the obligation to testify before a grand jury.

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Bartnicki v. Vopper

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2001, Held that a radio host could not be punished for broadcasting an illegally taped conversation, as it touched upon a matter of public concern and he had not participated in the illegal tapping.

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Citizens United v. Federal Election Commission

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2010, Held that the government could not restrict independent expenditures by corporations and unions to political campaigns.

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Gertz v. Robert Welch, Inc.

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1974, Held that there is no strict liability for defamation of private individuals; the plaintiff must be able to prove actual malice or negligence.

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Miller v. California

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1973, Established the Miller test for determining whether speech or expression can be labeled as obscene, which is not protected by the First Amendment.

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New York Times Co. v. United States

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1971, Bolstered the freedom of press by allowing the New York Times and the Washington Post to publish the Pentagon Papers without risk of government censorship or punishment.

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Tinker v. Des Moines Independent Community School District

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1969, Held that the wearing of armbands in protest of the Vietnam War was a form of speech protected under the First Amendment.

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Simon & Schuster v. Members of New York State Crime Victims Board

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1991, Held that laws that prevent criminals from profiting from their crimes by selling their stories are a form of unconstitutional compelled speech.

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Red Lion Broadcasting Co. v. FCC

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1969, Upheld the Fairness Doctrine, stating that it was a reasonable and constitutionally acceptable policy for the Federal Communications Commission (FCC).

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Ashcroft v. Free Speech Coalition

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2002, Struck down two provisions of the Child Pornography Prevention Act of 1996 because they abridged the freedom to engage in a substantial amount of lawful speech.

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Reno v. American Civil Liberties Union

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1997, Struck down anti-indecency provisions of the 1996 Communications Decency Act, finding they violated the freedom of speech provisions of the First Amendment.

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New York Times Co. v. Sullivan

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1964, Established the actual malice standard which has to be met for press reports about public officials to be considered libel and thus allowed for free reporting of the civil rights campaigns in the southern United States.

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New York Times Co. v. Tasini

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2001, Ruled that publishers do not have the right to sell or license individual articles to online databases, unless specifically agreed upon with the authors.

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Miami Herald Publishing Co. v. Tornillo

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1974, Held that a state could not force a newspaper to publish replies from candidates it had criticized, illustrating the limited power of government to intervene in the news media.

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Near v. Minnesota

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1931, Recognized the principle of freedom of the press by overturning prior restraint.

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Time, Inc. v. Hill

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1967, Held that the First Amendment protects publishers from claims of invasion of privacy when they publish newsworthy falsehoods, unless the publisher knew the information was false or acted in reckless disregard for the truth.

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FCC v. Pacifica Foundation

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1978, Held that the government has the authority to regulate indecent broadcasts.

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