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SCOTUS takes on ‘fleeting expletives’
Monday, 17 March 2008
Thanks to Bono, Cher and Nicole Richie, the U.S. Supreme Court this fall will take on its first broadcast indecency case since the 1978 FCC v. Pacifica “Seven Dirty Words" case (According to George Carlin, the seven words you can't say on television are "shit, piss, fuck, cunt, cocksucker, mother-fucker, and tits.")   

According to AP:
The case concerns a Federal Communications Commission policy that allows for fines against broadcasters for so-called "fleeting expletives," one-time uses of the F-word or its close cousins.

Fox Broadcasting Co., along with ABC, CBS and NBC, challenged the new policy after the commission said broadcasts of entertainment awards shows in 2002 and 2003 were indecent because of profanity uttered by Bono, Cher and Nicole Richie.

The 2nd U.S. Circuit Court of Appeals court said the new policy was invalid and could violate the First Amendment.
No fines were issued in the incidents, but the FCC could impose fines for future violations of the policy.

The case before the court technically involves only two airings on Fox of the "Billboard Music Awards" in which celebrities' expletives were broadcast over the airwaves. NBC is separately challenging an FCC decision that rapped the network for airing Bono's use of the F-word during a Golden Globes awards show in 2003.

The case, FCC v. Fox Television Stations, 07-582, will be argued in the fall.
I anticipate this case will be the subject of many law schools’ journal write-on competitions, law review case notes and media bar conferences. All the while, broadcasters will chew on their nails muttering "Shit, piss, fuck, cunt, cocksucker, mother-fucker, and tits."
[Yahoo, RCFP, USAToday, First Amendment Center]
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Fla. Supreme Court hears false light case
Monday, 17 March 2008
According to Sidebar:
The Florida Supreme Court heard arguments last Thursday on two cases involving false-light invasion of privacy. One case, involving the news media, will have the court decide whether a businessman’s lawsuit against the Pensacola News Journal should be considered a false light or libel claim, and what timeframe for statute of limitations should apply.

The suit stems from a story the Journal published in 1998 about Joe Anderson Jr., founder of a road paving company, which said he “shot and killed” his wife. Two sentences later, the article stated that she died in a hunting accident.

Anderson, who said the description suggested he murdered his wife, successfully sued the paper under a false light claim and was awarded $18.3 million, but an appeals court reversed the verdict, holding that Anderson had inaccurately filed it as a false light claim in an attempt to skirt a two-year statute of limitations on libel claims. False light suits have a four-year statute of limitations.

Here’s Florida political cartoonist Andy Marlette’s take:

Image
Cartoon by Andy Marlette/AndyMarlette.com

Click here for more cartoons by Andy Marlette, published daily at TheSequitur.com.
[RCFP, First Amendment Center]

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Brazilian press laws declared unconstitutional
Tuesday, 26 February 2008
In a decision that has met with mixed reviews from press advocates, “the Supreme Court of Brazil granted a provisional decision suspending the application of 20 articles of the 1967 Press Law. The Supreme Court considered that these articles should no longer be in force or applied because of their incompatibility with the democratic values and press freedom standards of the 1988 constitution,” according to a joint IFEX/Article 19 release.

According to the release, the laws suspended include those:
  • Authorizing the imposition of censorship to public entertainment events, such as shows and performances;
  • Forbidding the involvement of foreigners in media outlets; or those imposing higher sanctions for calumny, defamation and slander when the crime has been committed by or through the press;
  • Which allowed the apprehension of printed material inciting to social and political subversion and the closing down of media outlets irrespective of judicial decision;
  • Which prevented the proof of veracity in defamation cases against certain authorities, including the President of the Republic;
  • Which imposed an indemnification ceiling in civil defamation cases against the press; and
  • Which imposed a time limit for an offended party to file indemnification lawsuits for declarations printed or broadcast by the media.
[IFEX]
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Panties Puritans: Of course a ban on saggy pants is unlawful
Sunday, 09 December 2007

According to AP, “a growing number of U.S. cities [are] enacting laws that ban low-slung pants.” That’s right, Baggy Pants Bans. Put on a belt, sir, or come with me to the station.

“Critics say the bans amount to government attacks on youthful fashion that some find offensive. And constitutional scholars say they may not be lawful,” the AP article continued. “Besides possibly violating the First Amendment . . . saggy pants bans raise serious concerns under the 14th Amendment's due process clause guaranteeing life, liberty and property interests.”

A third grader merely armed with a civics textbook could tell you baggy pants bans are unconstitutional. That’s easy. But that’s not all. The laws are stupid, too.  

If showing a bit of underwear is now a punishable offense in some areas, will the Panties Puritans now close the pools, the beaches and the basketball courts? Will they demand the prosecution of a homeless person for wearing badly tailored outfit?

The government simply has no place in the fashion police business.
[AP]


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Criminal defamation update
Saturday, 08 December 2007
Even today, journalists throughout the world risk imprisonment for doing their jobs. Criminal defamation laws in many countries provide for imprisonment of journalists who commit slander, libel and similar offenses. The charge usually is levied by a government in retaliation for published news stories (or reporting) that hit a little to close to home—say where the taxpayers’ cash is stashed in a closet.

Recently, Mexico, Azerbaijan and Niger provided great reminders of why criminal penalties for defamation are incompatible with freedom of expression.

In Mexico, New America Media reports, the nation’s highest court ruled “that the governor of Puebla [State] did not violate [a] journalist's rights when he arrested her for defamation.” The reporter, Lydia Cacho, wrote a book, "The Demons of Eden," that "investigated the link between child sex rings and networks of powerful people in Mexico. The judges ruled 6-to-4 against the journalist, despite an investigation that found that at least 30 public officials, among them Gov. Mario Marín of Puebla State, had conspired to harass her.”

In Azerbaijan, IFEX reports, Radio Liberty correspondent Ilgar Nasibov “was convicted under article 147.1 of slander, on the basis of a lawsuit filed by Nakhchivan City Police Department Chief Sabuhi Novruzov.”

“The conviction stems from a 4 November incident in which Malahet Nasibova was insulted by Nakhchivan City Police Department Deputy Chief Ershad Ibrahimov,” the IFEX report continues. “Specifically, Ibrahimov called Nasibova a "traitor." Following this incident, the Nasibovs sent a complaint to the e-mail address of the president of Azerbaijan. Novruzov's lawsuit was based on the content of the letter sent to the president.”

Finally, in Niger, IFEX reports, a newspaper owner and editor have been imprisoned “in response to a libel complaint filed by the Minister of Economy and Finance Ali Mahamane Lamine Zène. The Minister said he was defamed after L'enquêteur published three articles on November 19 alleging he was involved in granting state projects "illegally" and encouraging "mismanagement" of public finances.”

“Two other journalists, Moussa Kaka and Ibrahim Manzo Diallo, have been jailed in Niger for more than two months, IFEX continues. “They are accused of criminal offences following their coverage of the Tuareg rebellion in the country.”

Finally, below the jump is the story of how an allegedly defamatory text message about local officials put two doctors in a Chinese jail. The madness continues …
[New America Media, IFEX No. 1, IFEX No 2]
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AP photographer held without charge by US for 19 months to face Iraqi court
Saturday, 24 November 2007

The Pentagon says he is a “terrorist media operative. The Associated Press says he is a news photographer who worked on a Pulitzer Prize-winning photo team. He is Bilal Hussein, and he has been held in Iraq since April 2006 and only this week was charged with a crime.

In a statement reported by AFP, AP's president and CEO said:

"While we are hopeful that there could be some resolution to Bilal Hussein's long detention, we have grave concerns that his rights under the law continue to be ignored and even abused," AP President and CEO Tom Curley said in a statement.

"The steps the U.S. military is now taking continue to deny Bilal his right to due process and, in turn, may deny him a chance at a fair trial.

"The treatment of Bilal represents a miscarriage of the very justice and rule of law that the United States is claiming to help Iraq achieve," the AP statement said.

"At this point, we believe the correct recourse is the immediate release of Bilal."

 

[AP, AFP, FOI FYI]

Read more...
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