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An Immovable Object And An Unstoppable Force: Reconciling The First Amendment And Antidiscrimination Laws In The Claybrooks Court, Erin A. Shackelford
An Immovable Object And An Unstoppable Force: Reconciling The First Amendment And Antidiscrimination Laws In The Claybrooks Court, Erin A. Shackelford
Vanderbilt Journal of Entertainment & Technology Law
This Note broadly addresses the problem of racial stereotyping and racial roles in the media. It is viewed through the lens of Claybrooks v. ABC, Inc., a recent federal district court decision of first impression. In Claybrooks, the court dismissed the plaintiffs discrimination claims, ruling that casting decisions were protected under the First Amendment. This Note will address the problem of racial discrimination by focusing on racial misrepresentations in the media and the role of reality television programs in that landscape. Specifically, this Note will propose a new solution for the Claybrooks court. This analysis will assert that cast members …
To Catch A Lawsuit: Constitutional Principles At Work In The Investigative-Journalism Genre, Michael F. Dearington
To Catch A Lawsuit: Constitutional Principles At Work In The Investigative-Journalism Genre, Michael F. Dearington
Vanderbilt Journal of Entertainment & Technology Law
This Note examines two causes of action, civil rights violations under 42 U.S.C. § 1983 and II ED claims, in the context of lawsuits against investigative journalists. Examining two recent cases in particular, Tiwari v. NBC Universal, Inc. and Conradt v. NBC Universal, Inc., which arise out of NBC's conduct in its primetime series To Catch a Predator, this Note concludes that legal standards governing conduct by investigative journalists are currently unclear. Investigative journalists are not adequately on notice as to when they might be liable under § 1983 for violating a subject's civil rights. And district courts have failed …