Free Essay

Mgmt520 Week 3 Assignment

In: Business and Management

Submitted By ecooper87
Words 912
Pages 4
1. What is the most “jealously” protected kind of speech, according to the court in this case?
According to the notes on the case, “the most jealously protected [kind of] speech is that which advances the free, uninhibited flow of ideas and opinions on matters of public interest and concern” (236 A.D.2d 186, 1997). In other words, the freedom of speech is the most protected form of speech, however, cases and claims that focus on people who are not considered to be “public figures”, is less strictly protected.

2. What court decided the case in the assignment?
The Supreme Court of New York, Appellate Division, Third Department.

3. Briefly – state the facts of this case, using the information found in the case in LexisNexis.
A radio station broadcast an “ugly bride” competition in which debasing title was made to the bride’s wedding picture which happened to be in their local newspaper. The radio station’s listeners were encouraged to send in their own insulting remarks, and the bride was identified by name and by her employer, who happened to be the owner of one of the competing radio stations. The bride then filed litigation against the radio station (236 A.D.2d 186, 1997).

4. According to the case, why was this not defamation, and what tort did the court approve a filing for?
A statement is only considered defamatory if it happens to expose the plaintiff to public hatred, contempt, ridicule or disgrace; in other words, if it would be considered defamatory if the statement lead the average person in the community to shape an evil or bad opinion of the plaintiff. But according to the case notes, the plaintiff’s claim is not based on the law of defamation; it is based on the law of intentional or reckless infliction of emotional distress (236 A.D.2d 186, 1997). Furthermore, the “constitutional rule, limited to defamation of public figures, allows public figures to recover for libel or defamation only when they can prove both that the statement was false and that the statement was made with the requisite level of culpability” (236 A.D.2d 186, 1997). In this case the plaintiff was not a public figure, so the court approved a filing for the intentional infliction of emotional distress.

5. In the decision, why does the court state further proceedings will be required?
The only issue to be decided on this appeal is whether plaintiff's amended complaint sufficiently states a cause of action for intentional infliction of emotion distress. Inasmuch as the complaint is, in my view, legally sufficient for this purpose.

6. Do you agree with this decision? Why or why not?
I agree in the result reached by the majority which sustains the amended complaint because the plaintiff was emotionally damaged and distressed by the radio station and it’s host since, they made the picture public and open to insult and ridicule. The picture was posted with the intent to insult the subject involved and while it has definite defamatory overtones, the bride probably suffered extreme ridicule and embarrassment. Personally, if I were in her position I would not want to be seen for a week or two just to get over the embarrassment.

A. The name and citation of the case:
Jeff Roach v. Howard Stern (97-01389) 252 A.D.2d 488; 675 N.Y.S.2d 133; 1998 N.Y. App. Div. LEXIS 7998

B. The name of the court which decided the case:
Supreme Court of New York, Appellate Division, Second Department

C. The year of the decision:
July of 1998

D. The facts of the case:
A popular cable talk show host, aired a program where the remains of deceased topless dancer were shown accompanied by crude remarks. The lower court previously dismissed pursuant to the complaint filed by appellants, for intentional infliction of emotional distress. Appellants sought review, and the court reversed the decision (252 A.D.2d 488, 1998).

E. The issue of the case:
The decedent’s family members, sought review from an order of the Supreme Court, in Kings County, New York, that granted the motion of the talk-show host and broadcasting company, to dismiss appellants’ complaint for intentional infliction of emotional distress regarding respondents’ broadcast of the program where the deceased person’s cremated remains were displayed. Reviewing the case it was found that the element of outrageousness could not be proven (252 A.D.2d 488, 1998).

F. The “decision” of the case:
The lower court dismissed the complaint filed by the appellants, (the deceased’s family members), against the talk-show host and broadcasting company, of intentional infliction of emotional distress. Dismissal of the alleged inappropriate handling of the remains was affirmed (252 A.D.2d 488, 1998).

G. For what principle of law was the Esposito case used (cited for) in the case?
As stated in the notes of the case, Esposito-Hilder v. SFX was cited as an example “that the Supreme Court erred in determining that the element of outrageous conduct was not satisfied as a matter of law” (252 A.D.2d 488, 1998).

Bibliography
236 A.D.2d 186; 665 N.Y.S.2d 697; 1997 N.Y. App. Div. LEXIS 12142; 26 Media L. Rep. 1541. LexisNexis Academic. Web. Date Accessed: 2013/09/22.
252 A.D.2d 488; 675 N.Y.S.2d 133; 1998 N.Y. App. Div. LEXIS 7998. LexisNexis Academic. Web. Date Accessed: 2013/09/22.

Similar Documents

Premium Essay

Paper

...MGMT520 Legal, Political, and Ethical Dimensions Professor Deardurff Assignment I By Rodney L. Joash | | 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (2) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points) DEPARTMENT OF HOMELANDSECURITY Office of the Secretary-Nondiscrimination in Matters Pertaining to Faith-Based Organizations-I am interested in the proposed regulation because I am involved in a religion or faith base organization. This will affect the organization to received funds with other non-profit organizations. 2. Describe the proposal/change.  Consistent with the President’sinitiative, this proposed rule would amend DHS’ regulations to make clear that faith-based organizations are eligible to participate in any social or community service programs established, administered or funded by DHS (including any component of DHS) (collectively, ‘‘DHS service programs’’), and are eligible to seek and receive Federal......

Words: 347 - Pages: 2

Free Essay

Mgmnt 520 Week 3 Devry University

...MGMT520 9/16/2014 Assignment week 3 Assignment: For this assignment, you will need to access the LexisNexis database in the Keller Library, from the Student Resources area under Course Home. Go to Kubasek, Chapter 13, page 369, problem 13-16. Use LexisNexis in the Keller library and look up the Nadel et al. v. Burger King Corp. & Emil, Inc. case. Use the citation you find in your book to do the search. Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions. 1. What court decided the case in the assignment? (2 points) Court of Appeals of Ohio, First District, Hamilton County. 119 Ohio App.3d 578 (1997) 2. According to the case, what must a party establish to prevail on a motion for summary judgment? (3 points) In order for a party to establish or prevail for a motion for summary judgment. They need to have sworn, certified, authenticated by affidavit. 3. Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points) 1. Paul Nadel and Evelyn Nadel ordered coffee and breakfast on the morning of December 1993 2. Paul Nadel turned left spilling hot coffee on his sons foot that caused 2nd degree burns. 3. Burger King manual read that the coffee was to be served at One hundred seventy-five degrees. 4. Medical records were true copies of what was received through discovery. 5. No warning label on the coffee......

Words: 753 - Pages: 4

Premium Essay

Mgmt 520

...Week 2 Assignment MGMT520 ASSIGNMENT QUESTIONS: 1. Identify the administrative agency (full name, not just the acronym) which controls the regulation. Briefly explain why this agency and your proposed regulation interest you. If this proposed regulation will affect you or the business in which you are working, please explain how. It is not required that the proposed regulation affect you professionally or personally. You can use any regulation for this assignment so long as you are able to answer the questions posed here (Questions 1-5). (10 points) Answer: National Oceanic and Atmospheric Administration. I’m interested in environmental and animal conservation and this agency ensures stewardship of natural resources and the wildlife within. 2. Describe the proposal/change in your own words. (10 points) Answer: The proposal aims at classifying the Sakhalin Bay-Amur River stock of beluga whales as depleted which would offer them additional protections under the Marine Mammal Protection Act. 3. Write a comment which you would submit to the administrative agency regarding this proposed regulation. (For example, are you in favor of the proposed regulation or against it? Why?) If the deadline for comments has already passed, write the comment you would have submitted had there been time. Also, explain briefly what you wish to accomplish with your comment. (10 points) Answer: I support this proposal of enacting ‘depleted’ status for Sakhalin Bay-Amur River stock of......

Words: 902 - Pages: 4

Free Essay

Mgmt 520 Week 2

...MGMT520 - WEEK 2 ASSIGNMENT Jorge Hernandez ASSIGNMENT QUESTIONS: 1. Identify the administrative agency (full name, not just the acronym) which controls the regulation. Briefly explain why this agency and your proposed regulation interests you. If this proposed regulation will affect you or the business in which you are working, please explain how. It is not required that the proposed regulation affect you professionally or personally. You can use any regulation for this assignment so long as you are able to answer the questions posed here (Questions 1-5). Answer: Airworthiness Directives: The Boeing Company Airplanes Agency: Federal Aviation Administration (FAA) Action: Notice of proposed rulemaking (NPRM) I do travel a lot through different airlines so reading this interests me because regular customers like us wouldn’t even notice of such problems and this could make anyone think twice before getting in an airplane. Even though this will not affect me economically, having the idea that something is wrong with the airplanes, could make me not travel and visit my family for a while. 2. Describe the proposal/change in your own words. Answer: Airworthiness Directives are required to do repetitive functional checks for blockage of the forward strut drain line, and doing corrective actions; and a one-time cleaning of certain forward strut drain lines. This repeated inspections will to detect and correct blockage of forward strut drain lines, which could...

Words: 1249 - Pages: 5