Monday, August 26, 2019
Report about Communication Law Case Comparison Essay
Report about Communication Law Case Comparison - Essay Example v. Sullivan, 1964). The text in the end, appealed for funds for purposes such as the ââ¬Å"support of the student movement, the struggle for the right-to-vote, and the legal defense of Dr. Martin Luther King, Jr. against a perjury indictment (New York Times Co. v. Sullivan, 1964). Respondent contended that although the statements do not mention the respondent by name, the word ââ¬Ëpoliceââ¬â¢ referred to him as he supervised the Police Department, and hence being accused of those alleged in the advertisement (New York Times Co. v. Sullivan, 1964). He further claimed that the rest of the paragraph referred to the police (New York Times Co. v. Sullivan, 1964). It was found that some of the statements were not accurate descriptions of events, which happened in Montgomery (New York Times Co. v. Sullivan, 1964). The jury were under instructions by the trial judge upon presentation of the case, that the statements made were ââ¬Å"libelous per se and were not privileged,â⬠and hence the petitioners may be held liable if found to have published the advertisement and if the ââ¬Å"statements were made of and concerning respondent,â⬠(New York Times Co. v. Sullivan, 1964). Being libelous per se, the judge cited that ââ¬Å"falsity and malice are presumed from the bare fact of their publication,â⬠(New York Times Co. v. Sullivan, 1964). He added that general damages are presumed, hence, ââ¬Å"need not be alleged or proved,â⬠and that the jury may award punitive damages even though there is no showing of the amount of actual damages (New York Times Co. v. Sullivan, 1964). The decision also failed to charge to the jury that there must be malice or ââ¬Å"actual intent to harm or gross negligence and recklessnessâ⬠and did not distinguish between compensatory and punitive damages (New York Times Co. v. Sullivan, 1964). These rulings and instructions were sustained by the Supreme Court of Alabama in all
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