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In episode 70 of Supreme Court Briefs, a police commissioner sues the New York Times for defamation after it runs an ad that talks trash about his department.
Produced by Matt Beat (Beat Productions). All images/video by Matt Beat, found in the public domain, or used under fair use guidelines. Music by @ElectricNeedleRoom(Mr. Beat's band). Download the song here: https://electricneedleroom.bandcamp.com/track/we-want-to-be
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Here's an annotated script with footnotes: https://docs.google.com/document/d/1IJIT7809e-BjuC1s961TdIJzbBjt1HJwO_JUVDpa5h4/edit?usp=sharing
Check out cool primary sources here:
https://www.oyez.org/cases/1789-1850/32us243
Other sources used:
https://www.mtsu.edu/first-amendment/article/525/barron-v-baltimore
https://supreme.justia.com/cases/federal/us/32/243/
https://en.wikipedia.org/wiki/Barron_v._Baltimore
https://www.thirteen.org/wnet/supremecourt/antebellum/landmark_barron.html
A related case: https://www.youtube.com/watch?v=oCMQ5MrQfs0
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New York City
March 29, 1960
The New York Times publishes a full-page advertisement called “Heed Their Rising Voices,” which aimed to shine a spotlight on the persecution of and violence against civil rights protestors throughout the South. It specifically talks trash about the Montgomery, Alabama police force, saying that they had arrested Dr. Martin Luther King, Jr. seven times and that “truckloads” of them had stormed the Alabama State College. So uh…yeah…the ad had definitely stretched the truth. When Montgomery’s police commissioner, L.B. Sullivan, saw the ad, he was like “what the heck?!?” He viewed it as a personal attack on him and his entire police force.
Even though the ad didn’t specifically name Sullivan, he decided to write the New York Times anyway, asking the newspaper to publish a retraction of the ad. In other words, Sullivan wanted the New York Times to take it all back and admit to publishing false information. Well, the New York Times issued no such retraction. Instead, its lawyers wrote Sullivan a nice little letter that said the newspaper had no good reason to publish a retraction. Specifically, their letter said, “we…are somewhat puzzled as to how you think the statements in any way reflect on you,” adding, “you might, if you desire, let us know in what respect you claim that the statements in the advertisement reflect on you.”
Uh-huh. Sullivan didn’t like that so much, either. He sued the New York Times, saying the newspaper broke Alabama’s law for libel, a type of written defamation that hurt the reputation of someone or something. He also sued four African American ministers mentioned in the ad. After this, the New York Times did issue a retraction, but only for the Governor of Alabama, John Patterson….not Sullivan. In the Circuit Court of Montgomery County, Sullivan only had to prove that the New York Times published mistakes and that they probably hurt his reputation. The court sided with Sullivan, ordering the New York Times to award him with $500,000 in damages, which is nearly $5 million in today’s money. The New York Times appealed to the Alabama Supreme Court, but it agreed with the lower court. After this, the newspaper appealed again, this time to the SUPREME Supreme Court, who agreed to hear oral arguments in January 1964. The New York Times, of course, argued that the freedom of speech and freedom of the press parts of the First Amendment protected their right to publish that ad. It also argued that Alabama’s libel law specifically went against the First Amendment.
...
https://www.youtube.com/watch?v=QQ7ybXRTgLo
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1920s-american-culture-story-time-with
Here's the story of how American culture and values changed during the 1920s.
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Music by Electric Needle Room. All images found in the public domain.
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Once upon a time, a horrible war known as World War 1 devastated the planet. Immediately after the war, a lot of people in the United States were passionate about various causes, some good, some not so much. While women had finally won the right to vote and Prohibition passed, there were also riots directed at African Americans and the Red Scare aimed at Communists. Things got better for everyone, however, when the economy flourished. A lot of people were making a lot of money.
They spent this money on the newest and coolest technology. During the 1920s, electricity became a mainstream thing. In 1907, only 8% of households had electricity in the United States. By the end of the 1920s, 68.2% did. More Americans began to buy automobiles (aka cars), telephones, radios, vacuum cleaners, refrigerators, and washing machines. They watched more and more motion pictures (aka movies or films) in spectacularly designed movie theatres. By the end of the decade, three-quarters of Americans went to a movie theater every week. And now, viewers could HEAR the people speaking in the motion pictures. In the 1920s, Hollywood became the film capital of the world.
Americans began to have more leisure time. With more leisure time, American culture flourished. Americans became even more innovative. A new genre of music, called jazz, entered the mainstream, and dance clubs featuring jazz popped up across the country. New dances like the Charleston, the Fox Trot, and Lindy Hop all became popular. Teach me how to fox trot. Teach me teach me how to fox trot. Giant skyscrapers climbed up. Architects designed magnificent structures...many of them still stand today. The arts thrived. Some of the greatest writers of the 20th century, names like Ernest Hemingway and F. Scott Fitzgerald, part of the “Lost Generation,” came of age during the 1920s. The 1920s was also the heyday of the Harlem Renaissance, a cultural explosion drawing black writers, artists, musicians, photographers, poets, and scholars to Harlem in New York.
With more leisure time, fads like flagpole sitting became popular. People would compete to see how long they could sit on a flagpole, with some sitting up there for weeks to set new world records. Another fad, dance marathons, exploded as couples competed to dance for as long as they possibly could, competing for money. Vending machines, crossword puzzles, and Mickey Mouse all originated in the 1920s.
Perhaps no other fad is so distinctively 19
...
https://www.youtube.com/watch?v=zraXZ1YP0Ho
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English