Digital Commons Network^™

Canon Of Professional Ethics-Cooperation In Preparation Of News Articles As Advertising In Violation Of Canon 27, Joseph F. Mcdonald

Michigan Law Review

Two recent decisions were the first to construe the prohibition against indirect advertising embodied in Canon 27 of the Canons of Professional Ethics. Although the facts and issues involved were substantially alike, the holdings were divergent.

At the request of a local Miami newspaper, respondent submitted to an interview which formed the basis of a full page article in the "Sunday Supplement." The article see forth a complimentary biography of respondent and described the internal workings of his firm. Respondent was found guilty of violating Canon 27 by the Grievance Committee of the Florida State Bar Association. The recommendation was …

Criminal Procedure - Standing Of The Press To Protest Exclusion Of Public From Criminal Trial By Order Of The Trial Judge, M. Fred Mallender, Ii

Michigan Law Review

Defendant judge, believing that great harm to public morals and decency was to be apprehended from the testimony in the vice trial of Minot F. Jelke, exercised his discretion to exclude the general public including plaintiff newspapers from the court room during the state's case. The family and friends of the accused along with officers of the court, witnesses, and jury were not excluded. The plaintiffs applied for a writ of prohibition to restrain the defendant from enforcing his order. The court denied the application on the grounds that the defendant judge had the power to make the exclusion order …

Torts-Libel-Publication Of Allegations In A Declaration, William H. Buchanan S.Ed.

Michigan Law Review

Defendant published as a news items in its newspaper the fact that the plaintiff had been sued for the alleged alienation of one Emerson's wife, and also printed matter contained in Emerson's declaration. This publication occurred before the alienation suit was tried. Later, a verdict was rendered in that suit in favor of the present plaintiff. The lower court in the libel action decided in favor of the plaintiff. Held, affirmed. The publication of the report of the filing of the action and the charges made in the declaration before any judicial action had been taken was not privileged. …

Injunctions - Extent To Which Equity Will Protect A Business On The Theory That It Is A Property Right, Michigan Law Review

Michigan Law Review

Plaintiff, a corporation engaged in publishing a newspaper, in order to increase circulation conducted a puzzle contest, offering substantial prizes. Defendant, engaged in preparing and selling answers to various prize contests, sold answers to contestants in plaintiff's contests. Plaintiff sought to enjoin such activity. Held, that the right to conduct a lawful business is a property right which may be protected from unlawful interference. Even if, as mere offerees, the contestants are not bound to plaintiff by contract, defendant's acts amount to an inducement to tender spurious performance and may therefore be enjoined as improper and unlawful interference with …

Libel And Slander - Charging Physician With Lack Of Skill In Particular Case, Michigan Law Review

Michigan Law Review

Plaintiff, a practicing physician, sued to recover damages for an alleged libel committed when defendant falsely published in its newspaper an article stating that plaintiff examined a prisoner in the city jail, diagnosed his condition as "alcoholic paralysis," and ordered his removal to a city hospital, and that a post mortem disclosed that the prisoner's neck was fractured. Held, that to charge a physician with having made a wrong diagnosis in a particular case is not actionable per se, and since there is no allegation of special damage, there can be no recovery. Blende v. Hearst Publications, Inc., …

Libel And Slander - Mental Suffering Alone As Sustaining Libel Action, Michigan Law Review

Michigan Law Review

In a libel action, the plaintiff proved that the defendant had published a news item in its newspaper falsely imputing to the plaintiff, a Puerto Rican student at Louisiana State University, the authorship of an article written in the student paper deploring the pacifistic attitude of the American youth. The lower court dismissed the plaintiff's bill. Held, the publication by the defendant was not a libel actionable without proof of special damages, and that, while mental suffering alone would constitute special damages, the defendant's publication was not the proximate cause of the plaintiff's suffering. Santana v. Item Co., Ltd. …

Torts - Unauthorized Publication Of Photograph - Invasion Of Right Of Privacy, James W. Mehaffy

Michigan Law Review

Defendant newspaper published an advertisement containing a picture of plaintiff, a radio artist, in a bathing suit, under the mistaken belief that it was a picture of a member of a vaudeville troupe whose name appeared in the advertisement, and who was described as an "exotic red-haired Venus" who endorsed a certain brand of whole-wheat bread as a means of "keeping that sylph-like figure." Plaintiff alleged that the vaudeville act was a "sensual performance or sex parade" and was composed of the "cheapest class of chorus girls." Held, that the advertisement was an invasion of plaintiff's right of privacy …