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Articles 91 - 120 of 153
Full-Text Articles in Communications Law
Libel And Slander - Privileged Reports Of Public Proceedings - Confession To Prosecuting Attorney Implicating Plaintiff, James D. Ritchie
Libel And Slander - Privileged Reports Of Public Proceedings - Confession To Prosecuting Attorney Implicating Plaintiff, James D. Ritchie
Michigan Law Review
Defendant published in its newspaper the contents of confessions made to a prosecuting attorney by third parties, implicating plaintiff in crimes for which he had been indicted but the commission of which he denied. In an action for damages for libel, held, that the taking of the confession was neither a judicial proceeding nor an official proceeding authorized by law, and therefore its publication was not privileged. Caller Times Publishing Co. v. Chandler, (Tex. 1939) 130 S. W. (2d) 853.
Libel And Slander - Limitation Of Actions -Tolling The Bar Of Statute Of Limitations By Subsequent Sale Of The Libellous Matter, John H. Pickering
Libel And Slander - Limitation Of Actions -Tolling The Bar Of Statute Of Limitations By Subsequent Sale Of The Libellous Matter, John H. Pickering
Michigan Law Review
On April 25, 1938, plaintiff commenced suit for libel. Nine separate causes of action were set up by alleging nine different publications in successive issues of Liberty Magazine. The first publication was alleged to have occurred on or about April 17, 1937, the second on or about April 24, 1937, and the third on or about May 1, 1937. Defendant showed by affidavit that the issues were placed on sale ten days before the date printed on the cover so that the first issue was on sale by April 7, 1937, the second on April 14, 1937 and the third …
Notes On Practice Before The Federal Communications Commission, Herbert M. Bingham
Notes On Practice Before The Federal Communications Commission, Herbert M. Bingham
Michigan Law Review
It is the purpose of this paper to discuss the broadcast license practice and procedure before the Federal Communications Commission as it exists today. No attempt at criticism or suggestions for reform will be made.
Libel And Slander - Mental Suffering Alone As Sustaining Libel Action, Michigan Law Review
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. …
Libel And Slander - Defamation By Radio - Absolute Liability Of Broadcasting Company, Michigan Law Review
Libel And Slander - Defamation By Radio - Absolute Liability Of Broadcasting Company, Michigan Law Review
Michigan Law Review
The defendant broadcasting company leased its facilities to a commercial advertising corporation for the transmission of a series of sponsored radio programs. During the course of one of these broadcasts a comedian, employed by the advertiser, suddenly interpolated an extemporaneous remark, "That's a rotten hotel," in reference to plaintiff's hotel. A script for each program was prepared in advance, submitted to the defendant for approval, and followed exactly by the performers. The interjection in question did not appear in the script and had not been made at rehearsal. Plaintiff brought trespass for defamation, and from a judgment on a verdict …
Libel And Slander - Libel Per Quod - Necessity Of Special Damages, Michigan Law Review
Libel And Slander - Libel Per Quod - Necessity Of Special Damages, Michigan Law Review
Michigan Law Review
In her petition, the plaintiff alleged that she had been defamed by the defendant and claimed damages therefor. The allegations were that the defendant had executed a letter and false wage assignment and had sent them to the employer of the plaintiff, whereby the plaintiff was embarrassed and humiliated, and held up to ridicule and scorn. The lower court sustained a demurrer to the petition, and an amended petition was stricken from the files and dismissed. Held, a good cause of action had been stated. The court said: "It is not and is not claimed to be a cause …
Libel And Slander - Publication - Common Interest In Subject Matter, Michigan Law Review
Libel And Slander - Publication - Common Interest In Subject Matter, Michigan Law Review
Michigan Law Review
Attorneys for plaintiff wrote a letter to a bus company claiming damages for an injury resulting from the negligence of the bus company. This letter was referred to the insurer of the bus company. Insurer, in reply, wrote a letter charging the plaintiff with an attempt to defraud, calling him a shyster lawyer, and making other disparaging remarks. Although intended for the bus company, this letter was inadvertently sent to plaintiff's attorneys. In a libel action brought against the bus company and the insurance company, the defendants moved to dismiss, claiming that the communication was privileged. Held, between the …
Libel And Slander - Defamation Of Attorney - Words Not Actionable Per Se, Roy L. Steinheimer Jr.
Libel And Slander - Defamation Of Attorney - Words Not Actionable Per Se, Roy L. Steinheimer Jr.
Michigan Law Review
The defendant, during the course of a public address, said of the plaintiff, an attorney: "They are throwing the bum out. The politicians . . . pick up a bum in a gin mill and send him over here to break up the audiences . . . . " Plaintiff alleges that, by innuendo, these words charge him with being a habitual drunkard, which constitutes slander per se because the words prejudiced him in his profession. Held, that the words were not actionable per se. Weidberg v. La Guardia, 170 Misc. 374, 10 N. Y. S. (2d) 445 …
Libel And Slander - Privilege Of "Fair And Accurate Report'' Of Judicial Proceedings-Non-Liability Of Vendor Of Newspaper, Ralph E. Helper
Libel And Slander - Privilege Of "Fair And Accurate Report'' Of Judicial Proceedings-Non-Liability Of Vendor Of Newspaper, Ralph E. Helper
Michigan Law Review
Defendant newspaper published a false account of plaintiff's testimony in a criminal trial. In an action for damages for libel against the newspaper and the local distributor of the papers who had no knowledge that libels were contained therein, held (1) privilege to report judicial proceedings applies only to a correct report, even though the inaccuracy be the result of an unintentional mistake; and ( 2) that the vendor is not liable in absence of knowledge that the newspaper contained libelous matter or knowledge of extraneous facts to put him on guard. Bowerman v. Detroit Free Press, 287 Mich. …
Libel And Slander - "Racketeers'' As Libel Per Se - Necessity For Proof Of Special Damages By Unincorporated Labor Union - Dictation As Publication, Michigan Law Review
Libel And Slander - "Racketeers'' As Libel Per Se - Necessity For Proof Of Special Damages By Unincorporated Labor Union - Dictation As Publication, Michigan Law Review
Michigan Law Review
The president of C Company dictated a letter addressed to an unincorporated labor union which contained the statement, "I am getting sick of the damn nonsensical business on the part of a bunch of racketeers." In a libel action against the president and C Company by the union, defendants' motion to dismiss was denied. Held, the word "racketeers" is libelous per se; the unincorporated association may sue without proving special damages, for words libelous per se; dictation to a stenographer was publication. Bradley v. Conners, 169 Misc. 442, 7 N. Y. S. (2d) 294 (1938).
Unfair Competition - Unauthorized Broadcasts Of Baseball Games, Michigan Law Review
Unfair Competition - Unauthorized Broadcasts Of Baseball Games, Michigan Law Review
Michigan Law Review
The Pittsburgh Athletic Club sold to sponsors the exclusive right to broadcast the home baseball games of the Pittsburgh Pirates. The sponsors contracted with the National Broadcasting Corporation for the use of two stations. Station KQV, knowing of this arrangement, posted observers on leased premises outside and overlooking the ball park and proceeded to broadcast play-by-play accounts of the games. Each admission ticket contained a stipulation that the holder was not to transmit or aid in transmitting reports of the games outside the park. The athletic club, the sponsors, and the N.B.C. jointly brought an action for an injunction against …
Constitutional Law-Freedom Of The Press-Freedom Of Speech And Assembly-Police Power, John N. Seaman
Constitutional Law-Freedom Of The Press-Freedom Of Speech And Assembly-Police Power, John N. Seaman
Michigan Law Review
The recent decision by the federal district court in the case of Committee for Industrial Organization v. Hague has brought the civil liberties issue to the forefront again. Acting under a city ordinance, defendant's mayor, director of public safety, and chief of police refused to issue a permit to plaintiff labor union to distribute circulars, hold public meetings, or display placards in Jersey City, and excluded plaintiff's members from the city, acting under the belief that their doctrines were "un-American," and that their presence and activities were likely to provoke the city's inhabitants to breaches of the peace. It was …
Libel And Slander - Charging A Merchant With Selling Below Cost As Slander Per Se, Robert Meisenholder
Libel And Slander - Charging A Merchant With Selling Below Cost As Slander Per Se, Robert Meisenholder
Michigan Law Review
Defendant charged that plaintiff, a buyer and seller of vehicle parts, had been cutting prices and reselling below cost, and that certain wholesalers had cut him off from an open account basis. In the subsequent slander suit, the lower court sustained a demurrer to the declaration because no special damages had been alleged. Held, that a charge of price cutting and reselling below cost is slander per se and actionable without an allegation of special damages. Meyerson v. Hurlbut, (App. D. C. 1938) 98 F. (2d) 232; writ of certiorari denied, (U. S. 1938) 59 S. Ct. 69.
Libel And Slander - Secondary Publication Of News Item Received From Reliable Agency, Collins E. Brooks
Libel And Slander - Secondary Publication Of News Item Received From Reliable Agency, Collins E. Brooks
Michigan Law Review
Defendant published a news item to the effect that plaintiff had been adjudged guilty of "martial misconduct" in a divorce action. The information had been obtained from a reliable news agency, but was, in fact, false. Held, defendant was liable. The fact that the item was obtained from a reliable news-gathering agency, and published in good faith in the ordinary course of business, while sufficient to preclude the award of punitive damages, did not justify or excuse the publication, nor prevent the recovery of compensatory damages. Szalay v. New York American, Inc., (App. Div. 1938) 4 N. Y. …
Torts - Unauthorized Publication Of Photograph - Invasion Of Right Of Privacy, James W. Mehaffy
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 …
Libel And Slander - Privilege - Broadcasting A Trial, Michigan Law Review
Libel And Slander - Privilege - Broadcasting A Trial, Michigan Law Review
Michigan Law Review
A microphone was installed in the courtroom, with consent of the judge and counsel, for the purpose of broadcasting a murder trial. Prisoner's attorney, in his closing argument to the jury, made remarks concerning the plaintiff, state's witness, which the latter claimed were defamatory. Joining as defendants the trial judge, counsel for the alleged felon, and the director of the radio station, plaintiff alleged the utterances were libelous per se. The trial judge's motion for non-suit was granted at the close of the plaintiff's case. As to the other defendants, on appeal, held, with one judge dissenting, that counsel …
Libel And Slander - Slander Of Title As A Protection Against Unfair Interference With Sale Of Literary Work, James W. Mehaffy
Libel And Slander - Slander Of Title As A Protection Against Unfair Interference With Sale Of Literary Work, James W. Mehaffy
Michigan Law Review
In a slander of title action, the complaint alleged that defendant requested plaintiffs to write a motion picture scenario based on historical events, but after plaintiffs submitted the scenario, defendant rejected it. Thereafter defendant announced its intention, by filing a statement with a voluntary association of motion picture producers, to produce a picture based on the same plot as that contained in plaintiffs' scenario. As a result, plaintiffs were unable to sell their scenario to any other producer. Held, that the complaint was insufficient in the absence of an allegation of special damages. Carrol v. Warner Bros. Pictures, Inc. …
Injunctions - Defamation - Injury To Business, Charles E. Nadeau
Injunctions - Defamation - Injury To Business, Charles E. Nadeau
Michigan Law Review
A complaint praying for an injunction alleged that plaintiff, a retail dealer in automobiles, sold defendant an automobile in good condition; that defendant complained of the steering and demanded a replacement of the parts; that upon inspection, the steering apparatus was found to be in good condition and defendant's request was refused; that thereafter defendant carried signs on the car indicating that it was defective and that plaintiff would do nothing about it; and that he did this, knowing that his claims were false, solely for the purpose of injuring plaintiff and to extort money from him. On overruling a …
Freedom Of The Press And Of The Mails, Eberhard P. Deutsch
Freedom Of The Press And Of The Mails, Eberhard P. Deutsch
Michigan Law Review
It should be unnecessary to amend the Federal Constitution to accommodate the facilities of government to the needs of society, as those needs develop with the social and scientific advance of civilization. But the trend of legislative effort to reach beyond constitutional limits to satisfy fleeting economic or political expediencies, without regard for the vital distinction between sound and substance, and of courts to seek justification for such excursions, under the benefit of constitutional doubt due "solemn expressions of legislative will," may lead to highly dangerous situations. As this trend is permitted to reach extremes, the erasure of the well-defined …
Abatement And Revival - Exception From Survival Statute Of Actions For Slander As Preventing Survival Of Action For Slander Of Title, Michigan Law Review
Abatement And Revival - Exception From Survival Statute Of Actions For Slander As Preventing Survival Of Action For Slander Of Title, Michigan Law Review
Michigan Law Review
Pending plaintiff's action for slander of title, defendant died. A statute provided that no action should abate by the death of either party thereto except actions for libel, slander, malicious prosecution, nuisance, or actions against a justice of the peace for misconduct in office. Held, the action abated, because, although slander of title was not expressly excepted from the operation of the statute, still the action of slander as specifically excepted by the statute embraces the action of slander of title. Billingsley v. Townsend, 132 Ohio St. 603, 9 N. E. (2d) 690 (1937).
Libel - Right Of Privacy -Auction Sale Of Debts, Gerald M. Stevens
Libel - Right Of Privacy -Auction Sale Of Debts, Gerald M. Stevens
Michigan Law Review
A creditor put his claim into the hands of one Power, who held himself out as an advertiser of accounts for sale. Power threatened several times by letter to advertise the debtor's account for sale at auction unless it was paid immediately. No payment was made; and a "flaming orange handbill" was printed and circulated about the debtor's neighborhood. It offered for sale to the highest bidder the debtor's and twenty-three other accounts. It contained, further, the statement that all accounts were guaranteed correct and undisputed and a solicitation for merchants' accounts to be similarly disposed of. Thereupon the debtor …
Constitutional Law - Protection Of Freedom Of Speech Under The Fourteenth Amendment, Jack L. White
Constitutional Law - Protection Of Freedom Of Speech Under The Fourteenth Amendment, Jack L. White
Michigan Law Review
The appellant, a negro member of the Communist Party, was engaged in work as a paid party organizer in Atlanta in 1932. Shortly after leading a hunger march of unemployed he was arrested, and was tried and convicted under a state statute, enacted in the Reconstruction Period, which made criminal "any attempt, by persuasion or otherwise, to induce others to join in any combined resistance to the lawful' authority of the State." At the time of his arrest the appellant had in his possession evidence of his organization activities and also a quantity of party literature, but there was no …
Libel And Slander - Qualified Privilege - Fair Comment - Bona Fide Misstatement Of Fact, Michigan Law Review
Libel And Slander - Qualified Privilege - Fair Comment - Bona Fide Misstatement Of Fact, Michigan Law Review
Michigan Law Review
A newspaper publisher reported in his papers the filing by a certain person, with executive officers of the United States, of charges that a federal employee had removed certain documents from files over which he had supervision. The filed charges were "greatly enlarged and embellished upon" by the publisher, so that the statements made in the paper amounted in themselves to charges by the publisher against the employee. There were no allegations of malice in the subsequent suit by the employee against the publisher. Held, that the right of fair comment upon matters of public interest does not extend …
Wills - Probate - Deletion Of Libelous Matter, Michigan Law Review
Wills - Probate - Deletion Of Libelous Matter, Michigan Law Review
Michigan Law Review
In propounding the will of the testator for probate, the executor petitioned the surrogate court to exclude from probate certain non-dispositive matter therein, which if published during the testator's lifetime, would have supported an action for libel. Held, that the court had power to exclude the objectionable matter from probate, since it was not properly a part of the will. In re Draske's Will, 290 N. Y. S. 581 (Surr. Ct. 1936).
Contempt - Suppression Order - Publication Of Contents Of Suppressed File, Milton M. Howard
Contempt - Suppression Order - Publication Of Contents Of Suppressed File, Milton M. Howard
Michigan Law Review
On a bill of complaint being filed in chancery court an injunction was issued against the defendant therein, and the papers in the cause were ordered suppressed by the chancellor, and to that end, sealed in an envelope. The bill alleged misrepresentation on the part of a leading banker in getting stockholders to contribute toward making up the defalcations of other officers in the bank and malfeasance of other officers. Defendant newspaper reporter obtained information relative to the allegations in the bill from sources other than the suppressed file and published the same nine months later. Upon citation for contempt, …
Libel And Slander-Necessity For Allegation Of Special Damages In Action For Defamation Not Shown Libellous Per Se, Elbridge D. Phelps
Libel And Slander-Necessity For Allegation Of Special Damages In Action For Defamation Not Shown Libellous Per Se, Elbridge D. Phelps
Michigan Law Review
Plaintiff, a member of the bar, sued to recover damages for an alleged libel committed by defendant by maliciously failing to rate him in its annual directory, though continuing to carry his name, after having both carried his name and rated him for many years previously. Held, that the publication was not libellous per se, and that therefore special damages beyond a general allegation of injury to professional reputation, business, and practice must be alleged and proved to show a cause of action on demurrer. Ellsworth v. Martindale-Hubbell Law Directory, Inc., (N. D. 1936) 268 N. W. 400.
Negligence- Liability Of Telephone Company For Failure To Complete Subscriber's Call, Michigan Law Review
Negligence- Liability Of Telephone Company For Failure To Complete Subscriber's Call, Michigan Law Review
Michigan Law Review
Plaintiff, father and administrator of the estate of a seven year old child, brought suit, under the Death Act, alleging that defendant's negligent failure to connect him with the family physician was the proximate cause of the death of the child. Held, by a majority of the court, that there was no liability, because the deceased, had she lived, would have had no cause of action on these facts. Emery v. Rochester Telephone Corporation, 271 N. Y. 306, 3 N. E. (2d) 434 (1936).
Torts - Right Of Privacy - Newsreel As Violation Of, Royal E. Thompson
Torts - Right Of Privacy - Newsreel As Violation Of, Royal E. Thompson
Michigan Law Review
Section 51 of the New York Civil Rights Law provides that: "Any person whose name, portrait or picture is used . . . for advertising purposes or for the purposes of trade without the written consent first obtained . . . may maintain an equitable action . . . to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use . . . . " Held, publication by defendant of a newsreel showing plaintiff and other stout women exercising in a gymnasium with the aid of unique …
Libel And Slander - "Of And Concerning Plaintiff'' - Defendant's Intent, Michigan Law Review
Libel And Slander - "Of And Concerning Plaintiff'' - Defendant's Intent, Michigan Law Review
Michigan Law Review
Defendant had a picture of plaintiff actress on display at the entrance to his burlesque theater. Plaintiff was not employed by the defendant and was not performing there. Held, that the publication could be found to have been made of and concerning the plaintiff even if the defendant knew nothing about the plaintiff. Louka v. Park Entertainments, Inc., (Mass. 1936) 1 N. E. (2d) 41.
Unfair Trade-Radio Broadcast Of News Items From Papers Published By Members Of News Service Association As "Unfair Competition"
Michigan Law Review
Defendant radio station broadcast daily a "Newspaper of the Air" program on which it read news items from newspapers published by members of plaintiff association. Plaintiff alleges that defendant is using the results of plaintiff's labor and investment, without paying for it, to aid it in competition with plaintiff's members for advertising, and seeks to have such use of its news enjoined as "unfair competition." Held, defendant should be enjoined from "unfair competition," consisting of the appropriation and broadcast of news gathered by plaintiff while such broadcasts might damage the business of plaintiff's members. Associated Press v. KVOS, Inc. …