1. In the court case: Oriental Daily v Mingpao(2010), What are the defences the defendant used? Why those denfences are not supported by the judge? The First Plaintiff was the publisher of the Oriental Daily News (Oriental). The Second Plaintiff, Ma Ching Kwan, was the honorary chairman of Oriental’s parent company. The Defendants were the proprietor, publisher and chief editor of Ming Pao. This case is about two Chinese language daily newspapers both are wildly circulated in Hong Kong, especially for Ming Pao, which has a readership of more than 110, 000. 1) The defences Ming Pao used: Ming Pao refused to admit that the published news is referable to the plaintiffs. Considered that Ma is a notorious criminal and do not have any credibility, a reasonable reader would not believe his words. In other words, this article does not have defamatory meaning. This news is related to public interest, so this case can convey by “responsible of journalism” defence. 2) Why those defences are not supported by the judge? Any accusation should base on facts. However, at that time, Ma Chui Sing (Ma) had earlier been found guilty of defamation and has been fined. The so-called demonstration is just Ma who repeated the untrue allegation about Oriental. So, Ming Pao reported this news can regard as relayed libel. As a wildly circulated and have a high reputation newspaper in Hong Kong, it is very common for an ordinary reader to think that Ming Pao would not select news items
Introduction: I am going to discuss with you why I believe the case against Adnan Syed for the murder and kidnapping of Hae Min Lee should be reopened within the court. I have reasoning behind Asia McClain and her proposed alibi for Adnan and with a DNA test found linking a former serial killer/rapist, Ronald Lee Moore. I will be discussing the credibility behind Asia's letters and affidavits and how Adnan is innocent and should have a fair trial. I will also discuss why I believe Jay's statements on the day do not all match up as he tells different stories.
Amadou Hampaté Bâ is extremely detailed throughout the book, The Fortunes of Wangrin, in explaining the colonial world in West African societies. He provides multiple examples in this work of fiction that precisely describe the factual aspects of African colonialism that we have discussed in class. I will point out a few of the examples that Bâ uses such as: limitations colonial governments set on Africans, the Métis relationships within colonies, and issues that arose, not only between Europeans and Africans, but within the native African communities as well. I will then point out certain details from the book that do not perfectly reflect the components of colonialism that we have studied in lecture.
Judge Marilyn Patel concluded that the writ was granted on the grounds that “there was substantial support in the record that the government deliberately omitted relevant information and provided misleading information in papers before the court”. (Ducat, 204). Judge Patel overturned the Korematsu’s prior conviction on factual error on any error of law in the 1944 ruling. In August of 1988,
DECISION AND REASONING Two years after the article was published and two weeks in trial, a federal jury of ten decided that Erdely did commit actual malice and unfairly portrayed Eramo’s reputation. Originally, Eramo requested for $7.5 million in damages, however the jury’s decision ordered Erdely to pay $2 million in damages to Eramo. The Rolling Stone and Wenner Media were ordered to pay her $1 million – a total of $3 million in damages. (Sisario)
New York Times v. Sullivan (1964) is a significant United States Supreme Court case which held that the court must find proof of actual malice before it can hold the press guilty for defamation as well as libel against any public figure. This was a landmark Supreme Court decision regarding freedom of the press. Mr. Justice Brennan delivered the decision of the Court. In 1960, The New York Times ran a full-page advertisement paid by
As in the United Kingdom the burden of proof in a libel case lies with the
Lan Cao’s purpose in this excerpt from Monkey Bridge is to explain her own experience learning english as a second language. She strives to show both her interest in learning the language and also the benefits she received from knowing english when she first moved to America. In the beginning of the excerpt she talks about how her Aunt spoke English. She describes her aunt speaking english beautifully and teaching her how to say th. Based on her positive tone in the first paragraph when she is talking about learning english established by her use of positively connotated words such as “warm” and “gift”, it is clear she enjoyed learning english.
In his opinion, “…the main purpose of such constitutional provisions [1st Amendment] is ‘to prevent all such previous restraints upon publications as had been practiced by other governments,’’ (Holmes). Patterson was allowed to publish his cartoon, which he would not have been allowed to without censorship before, but was not protected from what could come afterwards. In this case, Holmes did not take the value or context of the speech/publication fully into consideration. The cartoon specifically was highlighting how seats on the Supreme Court of Colorado were sold to corporate interests so corporations had influence on judicial decisions. Though about an immoral subject that the people should be aware of, the cartoon’s potential biasing effect on the decision was the biggest factor in the Supreme Court’s ultimate decision about the case.
Reportedly, the judge dismissed Hill 's defamation lawsuit because he found that the evidence her lawyers provided didn 't support a claim of defamation according to Pennsylvania law. Cosby and his lawyers called the accusations were "innuendos" and that "people should fact-check" before accusing him of anything. Camille Cosby, Bill Cosby 's wife of fifty years, wrote a letter to the Washington Post, claiming that media outlets failed to properly vet Cosby 's accusers before publishing their accusations. Despite their dismissals, Bill Cosby, his wife, and his legal team never outright accused the women of lying or attempting to extort Bill Cosby, so there was no finding of defamation.
The article argues that the courts should only view harmful speech in the same eyes and rule them the same as if they were conduct harms. The source then discusses how many scholars believe that freedom of speech only applies when the benefits outweigh the harms, regarding what is being said. The article does a good job of approaching the problem through a semi-neutral lens. The article clearly lets its opinion be known at times; however, it approaches the opposite side of the argument in a fair manner. The article will be incredibly beneficial because it discusses when freedom of speech should not apply with a neutral approach.
This case involves Robert Xie charged for the murder of Norman Lin, Lilly Lin, Irene Lin, Henry Lin and Terry Lin, although his wife believed that he was innocent. The reasoning for the murders were so he could have sexual access to his niece. The motive was previously not reported due to legal reasons. He continuously pleaded innocent. The case was under the jurisdiction of Common Law- Criminal.
Additionally, the media got into the investigation by asking questions about the events before the murder. The National Enquirer, for instance, took a different angle to investigate the case; however, by doing this, the media almost made it impossible for proper investigations to be held by the criminal justice system. Ogletree Jr. maintains that the press failed terribly by trying to assume what the lawyers or witnesses thought at different times of the trial, which was a fail (Ogletree). Consequently, there should be a level of protection from the media. Public figures should not have their cases aired or followed to prevent tampering of evidence or misconceptions.
Judge Dee used equality when finding all the facts before coming to any conclusions and convictions. Throughout the Poisoned Bride case, there was much evidence that implicated Mr. Hoo was guilty in the murdering of Miss Lee. This is evident from Mr. Hoo's extremely incriminating threatening remark to Mr. Hua, "You're going to pay for this!" (144). After being reprimanded for not leaving the newlyweds alone, Judge Dee searched for more clues and evidence and finally solved the case.
Stories are the foundation of relationships. They represent the shared lessons, the memories, and the feelings between people. But often times, those stories are mistakenly left unspoken; often times, the weight of the impending future mutes the stories, and what remains is nothing more than self-destructive questions and emotions that “add up to silence” (Lee. 23). In “A Story” by Li-Young Lee, Lee uses economic imagery of the transient present and the inevitable and fear-igniting future, a third person omniscient point of view that shifts between the father’s and son’s perspective and between the present and future, and emotional diction to depict the undying love between a father and a son shadowed by the fear of change and to illuminate the damage caused by silence and the differences between childhood and adulthood perception. “A Story” is essentially a pencil sketch of the juxtaposition between the father’s biggest fear and the beautiful present he is unable to enjoy.
The main law that served the court in this case was the anti-SLAPP statute, it provided the court a way to effectively evaluate EA’s defense and come to a just decision, it also helped ensure that both the plaintiff and the defendant were given a chance to prove their