What is the most “jealously” protected kind of speech, according to the court in this case? (3 points)
What court decided the case in the assignment? (2 points)
Briefly – state the facts of this case, using the information found in the case in LexisNexis. (5 points)
The radio station decided to have a contest using newspaper wedding photos to decide who was the ugliest bride. Listener were encouraged to call in and make additional comments on how ugly the bride was. The brides full name was given which differed from prior contests. The brides coworkers were listener to the station. The bride sue the radio station claiming the station intentional Infliction of emotional distress and defamation.
According to the case, why was this not ...view middle of the document...
Stating someone is ugly subjective and is protected by the first
amendment. However, comments by the station were design to embarrass the plaintiff.
the name and citation of the case (5 points)
| Roach v. Stern, 252 A.D.2d 488, 675 N.Y.S.2d 133, 1998 N.Y. App. Div. LEXIS 7998 (N.Y. App. Div. 2d Dep't 1998) LexisNexis Headnotes |
the name of the court which decided the case (3 points)
NEW YORK SUPREME COURT APP. DIV.
the year of the decision (2 points) July 6, 1998, Decided
the facts of the case (5 points) The talk show host aired a show using the remains of the dead. Host made outrageous comments regards to the remains.
the issue of the case (5 points) Intentional Infliction of Emotional Distress
the “decision” of the case (5 points) Reversed of lower court claim of improper handing of the remains were affirmed
for what principle of law was the Esposito case used (cited for) in the case? (5 points)
Esposito-Hilder v SFX Broadcasting; [*492] 171 Misc 2d 286, affd 236 AD2d 186). Although the defendants contend that the conduct at issue was not particularly shocking, in light of Stern's reputation for vulgar humor and Tay's actions during her guest appearances on his program, a jury might reasonably conclude that the manner in which Tay's remains were handled, for entertainment purposes and against the express wishes of her family, went beyond the bounds of decent behavior.
following the directions in the library, download a Word-Doc copy of the case, and include your name in the “note” section of the download. Attach a copy of the document with your assignment this week. (10 points) (Your name must be in the automatically populated “note” area for full points for this.)