Test 3 Flashcards
Pavesich v. New England Life Insurance Co.
1) Absence of a precedence does not mean that right does not exist
2) The right to privacy is based in natural law and means more than freedom from restraint
3) The right to privacy encompasses the right to enjoy life and be out of the public eye
4) The right to privacy is limited by the freedom of press and speech
5) The Georgia Constitution favors the freedom of press and speech
6) One can wave the right to privacy
Bazemore v. Savanah Hospital (1930)
Establishes the extension to the Right to Privacy to family members injured by the breach.
Four Parts to Violation of Privacy
1) Intrusion upon a person’s seclusion or physical solitude
2) Public disclosure of embarrassing private facts
3) Places someone in a false light
4) Appropriation of a person for another economic gain
Central Hudson Test
1) Is the expression protected by the 1st amendment?
2) Does the government have substantial interest in the matter
3) Does the regulation directly advance that interest
4) Is the regulation narrowly tailored
Georgia Code for Advertising
Be accurate, truthful, and not misleading in fact or by application
Types of Advertising that is unlawful in Georgia
1) Advertising of a financial instrument being insured when it is not
2) Advertising of an unlicensed adoption agency
3) Advertising without the intent to sell at the price advertised
4) Advertising odometer altering devices
Shield Laws
The right of news reporters to refuse to testify as to information and/or sources of information obtained during the news gathering and dissemination process
Not covered by the constitution
Plunkett v. Hamilton
Every citizen owes to the state the responsibility to testify when called to the court so justice can be served.
Branzberg v. Hayes
News gathering qualifies for 1st amendment protection, but reporters have no more or no less protection that the average citizen
How many states have shield laws?
Over 2/3, no federal government shield law
Dessent in Branzberg v. Hayes by Potter Stuart
Potter Stuart: Suggest a 3 part test to establish whether a reporter can be ordered to divulge information
3 Part Shield Law Test
1) show probable cause that the information sought is relevant
2) you must demonstrate that the material sought cannot be obtained by alternative means
3) demonstrates a compelling and overriding interest in the information
Vaughn v. Georgia
Court says reporters do not have a right to withhold sources
Howard v. SCAD
Reporters have no privileges under the law, spurs the georgia press association into action
3 Part Bill for Shield Law in Georgia
1) Any entity engaged in gathering and dissemination of news can assert this privilege
2) The one asserting the privilege has to not be a party member of the case at hand
3) those seeking information must show that the information is necessary, cannot be obtained in another fashion
Shield Law for Georgia
Any entity engaged in the gathering and dissemination of news shall have a qualified privilege
Shield Laws
Laws established by the state to protect journalists and their sources.
Shield Law Advantages
1) Legislators can define who is a journalist
2) Legislators can move quicker than courts
3) Legislators can amend shield laws to take account of new technologies or controversies more quickly
Shield Law Disadvantages
1) Courts tend to interpret the laws the laws narrowly, not protecting journalists as well as legislators would hope
2) ability of legislators to amend laws quickly can be responsive to critical opinion instead of protection need
3) Constitution general trumps a statute
