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Mid Term Assignment and Rubric - Research Paper Example

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My argument about the whole scenario is that Swift would not successfully pull through with her intention to sue or be able to give an injunction to TMV not to publish her nude photos. First is the simple reason of how TMV obtained the photos. It wasnt by any illegal means…
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Mid Term Research Paper Assignment and Rubric
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Download file to see previous pages The photographs were not taken by TMV neither did they have their photographers enter into her compound or peep into her windows without her consent to take them. The press outlet thus would not have violated any intrusion law by having her nude photos published.
Second, the First amendment law enables the media or any press outlet to obtain information from any source by lawful means. Katy Perry as a source of information, however their differences with Swift, would be a lawful source, and it would be difficult to prove it otherwise in any court of law. The access to sources of information by the press, especially in view of the first amendment law, is considered by most courts as exclusive and without any jurisdiction. For instance, in a case pitting Bartnicki against Vopper, 200 F.3d 109 (3d Cir. 1999), a person who was unknown recorded a phone conversations between two union officials. He then made the tapes available to a union opponent who delivered them to a local media outlet. The two sued the media defendants for violating the state and federal wiretap laws. The court decreed that the first amendment rights of the defendant exempted him from being liable to the damages caused. Drawing conclusions from this case, it would be argued that TMV, which also has its first amendment rights, would not be liable to the damages caused to Swift by the publishing her nude photos.
Another reason that would make it hard for swift to stop the publishing of the photos is the First amendment law regarding prior restraints. The First amendment law prohibits any form of prior restraint on the media outlets on all matters and just in some limited contexts. This is not restricted or determined by how the photos were obtained, Even if the photos were stolen or offered with malicious motives, the law would forbid any prior restraint to their publication. Although Katy at the time of offering the photos to TMV was in a feud with Swift, the court cannot give an injunction to ...Download file to see next pagesRead More
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