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What are the library's hours?

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The library hours are available here. Hours vary around final exams, intersessions, or holidays.

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How can I find important representative court cases for my Communication Law 20-314 class by category?

Answer

LexisNexis Academic Legal

Look up representative state and federal cases using LexisNexis Academic Legal:

http://www.nwmissouri.edu/Library/IpChecking.asp?http://www.lexisnexis.com/hottopics/lnacademic/?verb=sf&sfi=AC07STCseCmnSrch

Use Shepard's® Citations Search Form to Shepardize a case found using LexisNexis Academic Legal

(To shepardize a case means consulting Shepard's to see if a case has been overturned, reaffirmed, questioned, or cited by later cases)

How to use Shepard's® Citations Search Form

http://www.lexisnexis.com/help/global/globalhelp_frameset.asp?locale=en_US&lbu=US&adaptation=academic&sPage=shepards_searchtips&fromHelp=true

 

One way to find representative cases is to consult free online compendiums and reference sources like Wikipedia. (Consult them for case examples do not cite the Wikipedia articles in your papers.) In general, those examples you cite in your paper will be considered more credible if they are court opinions derived from LexisNexis Academic Legal or credible free sources on the Internet like:

GPO: United States Courts Opinions
http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=USCOURTS

 

Also law review journals and reporting sources provided by library databases or books found in the Owens Library/MOBIUS catalog would be considered credible sources for supporting/background information for your papers.

 

Examples from categories used in a 2012 class:

 

Censorship (Censorship by the federal government in particular)

Censorship in the United States

http://en.wikipedia.org/wiki/Censorship_in_the_United_States

 

First Amendment to the United States Constitution

http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution

 

LawBrain: Censorship

http://lawbrain.com/wiki/Censorship

 

Cases discussed in class about the first amendment (free speech, free press)

Tinker v. Des Moines Independent Community School District
http://en.wikipedia.org/wiki/Tinker_v._Des_Moines_Independent_Community_School_District

Hazelwood v. Kuhlmeier
http://en.wikipedia.org/wiki/Hazelwood_v._Kuhlmeier

Burch v. Barker
Barker [School] blocked the distribution of an independent student newspaper on campus. An appeals court sided with Burch stating the school [Barker] could not review the independent paper.

Kincaid v. Gibson
http://en.wikipedia.org/wiki/Kincaid_v._Gibson

Hosty v. Carter
http://en.wikipedia.org/wiki/Hosty_v._Carter

Morse v. Frederick
http://en.wikipedia.org/wiki/Morse_v._Frederick

Snepp v. United States
Snepp was charged and prosecuted for publishing a book about the time he was working with the CIA. The Supreme ruled in favor of the CIA stating “Constructive Trust” that employees will act in an appropriate way.

1919 Schenck v. United States
http://en.wikipedia.org/wiki/Schenck_v._United_States

1925 Gitlow v. New York
http://en.wikipedia.org/wiki/Gitlow_v._New_York

1927 Whitney v. California
http://en.wikipedia.org/wiki/Whitney_v._California

1931 Near v. Minnesota
http://en.wikipedia.org/wiki/Near_v._Minnesota

1951 Dennis v. United States
http://en.wikipedia.org/wiki/Dennis_v._United_States

1957 Yates v. United States
http://en.wikipedia.org/wiki/Yates_v._United_States

1969 Brandenburg v. Ohio
http://en.wikipedia.org/wiki/Brandenburg_v._Ohio

1971 New York Times Co. v. United States (Pentagon Papers cases centers around federal government censorship of the press)
http://en.wikipedia.org/wiki/New_York_Times_v._United_States

1979 United States v. The Progressive
http://en.wikipedia.org/wiki/United_States_v._The_Progressive

1938 Lovell v. City of Griffin
http://en.wikipedia.org/wiki/Lovell_v._City_of_Griffin

International Society for Krishna Consciousness Inc. v. Michael W. Wolke
 

1988 Lakewood v. Plain Dealer Publishing Co.
Lakewood city passed law allowing mayor to decide where newspaper vending machines could be placed; Supreme Court struck down city regulation.

1988 Daily Herald v. Monroe
A Washington law restricting exit-polling within 300ft of polling places was struck down by a US appeals court ruling the law was not content neutral and to narrowly targeted.

 

Obscenity

US Court Cases on Obscenity:

http://en.wikipedia.org/wiki/Obscenity_law#U.S._court_cases_on_obscenity

 

LawBrain: Obscenity
http://lawbrain.com/wiki/Obscenity

 

Cases discussed in class about obscenity:

1920 Halsey v. New York Society for the Suppression of Vice
Judge ruled book had to be evaluated as a whole not just a passage taken out of context and Opinions of whether the material is obscene should come from qualified critics.

1957 Roth v. United States
http://en.wikipedia.org/wiki/Roth_v._United_States

MANual Enterprises v. Day
http://en.wikipedia.org/wiki/MANual_Enterprises_v._Day

1964 Jacobellis v. Ohio
http://en.wikipedia.org/wiki/Jacobellis_v._Ohio

1966 Memoirs v. Massachusetts
http://en.wikipedia.org/wiki/Memoirs_v._Massachusetts
3 Part obscenity test
1. Original Roth Test from Roth v. United States
2. Is material patently offensive
3. Is material utterly without redeeming social value

1966 Ginzburg v. United States
A provayor of “dirty media” chose towns with “dirty” names for his business mailing locations. High Court ruled Ginzburg was in violation of obscenity law stating obscenity was based on conduct as well.

1967 Redrup v. New York
http://en.wikipedia.org/wiki/Redrup_v._New_York
3 categories of marketing obscene material that can be prosecuted
1. Sale to juviniles
2. Distributing materials to assault individual privacy [direct mailing marketing material to individuals]
3. Sales madetargeting people’s vices/weaknesses [selling outside of rehab clinic]

1973 Miller v. California
http://en.wikipedia.org/wiki/Miller_v._California

1974 Jenkins v. Georgia
http://en.wikipedia.org/wiki/Jenkins_v._Georgia

1997 Joe Shea v. Janet M. Reno [US Attorney General]
 

Reno v. American Civil Liberties Union
http://en.wikipedia.org/wiki/ACLU_v._Reno

 

Libel

Defamation/Libel

http://en.wikipedia.org/wiki/Libel#Libel

 

Defamation, Libel, and Slander: Background

http://injury.findlaw.com/torts-and-personal-injuries/defamation-libel-and-slander-background.html

 

LawBrain/Libel & Slaner

http://lawbrain.com/wiki/Libel_and_Slander

 

1964 New York Times v. Sullivan
http://en.wikipedia.org/wiki/New_York_Times_v._Sullivan

1969 Gertz v. Welsh
http://en.wikipedia.org/wiki/Gertz_v._Robert_Welch,_Inc.

1976 Firestone v. Time INC.
Time Magazine published an article about the wealthy divorcing Firestone couple of Florida. Court determined even though the Firestone family was in the public eye their divorce action was not in the public eye.

1979 Wolston v. Readers Digest
Wolston refused to testify in a congressional hearing determining if some of his relatives are communists. Wolston sued the Readers Digest for publishing his name as a communist. State court and US court of appeals sided with the Readers Digest. US Supreme Court sided with Wolston stating Wolston was not a public figure even though he engaged in criminal activity

1985 Dun & Bradstreet v. Greenmoss Builder
http://en.wikipedia.org/wiki/Dun_%26_Bradstreet,_Inc._v._Greenmoss_Builders,_Inc.
Narrowed Gertz ruling; stated Gertz case only applies to issues of public concern not to libel from discussion of private matters

1988 Falwell v. Flint
http://en.wikipedia.org/wiki/Falwell_vs._Flynt

2005 Murphy v. Boston Herald
http://en.wikipedia.org/wiki/Dave_Wedge#Murphy_v._Boston_Herald.2C_Inc..2C_et_al.

2009 Noonan v. Staples Inc.
Noonan was fired from Staples and a Staples executive sent an email to every employee stating why Noonan was fired. Noonan filed a libel lawsuit and court sided with Noonan. A 100 year-old Massachusetts law stated that if even a true statement can be considered libelous if actual malice can be shown.

 

Privacy

Privacy Laws of the United States

http://en.wikipedia.org/wiki/Privacy_laws_of_the_United_States

 

1902 Roberson v. Rochester Folding Box Co. (Textbook p. 280)
Rochester Folding Box Co. used Roberson’s picture on advertisements without permission; Roberson lost case because there was no appropriation law. New York passed first appropriation law the next year.

1987 Ali v. Playgirl
Muhammad Ali sued for appropriation after playgirl used an illustration using Ali’s likeness without his permission US District Court for the Southern District of New York sided with Ali.

1984 Onassis v. Dior
Dior used a woman who looked like Onassis in a commercial; Onassis won appropriation case because Onassis was the only public figure portrayed in the commercial.

1976 Namath v. Sports Illustrated (Republication case)
Joe Namath sued Sports Illustrated for republishing, in a commercial, a photo of Namath used in an earlier issue. Court ruled since the same photo in the commercial was the same one used in the earlier publication Sports Illustrated was allowed to reuse the previously published picture

1961 McAndrews v Roy
Roy signed a contract with McAndrews to allow McAndrews to use his picture in a commercial in a advertisement. Ten years later when McAndrews ran the ad Roy sued to keep his image from running in the ad. The Court of Appeals sided with Roy stating written authorization expires after time (amount of time not specified).

Zacchini v. Scripps Broadcasting Co.
http://en.wikipedia.org/wiki/Zacchini_v._Scripps-Howard_Broadcasting_Co

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I need to find an issue in Sports Illustrated that I want to copy an advertisement for.

Answer

We used the Articles tab/Journal Titles search. It returned this entry for Sports Illustrated:

Sports illustrated  (0038-822X)  View Terms of Use    Look up Article    More full text options

	from 08/16/1954 to present in Freely Accessible Journals
	from 09/21/1992 to present in Academic Search Complete
	from 09/21/1992 to present in Academic Search Elite
	from 09/21/1992 to present in Academic Search Premier
	from 09/21/1992 to present in MAS Ultra - School Edition
	from 09/21/1992 to present in MasterFILE Premier
	from 09/21/1992 to present in Middle Search Plus
	from 09/21/1992 to present in SPORTDiscus with Full Text
	from v.18:no.1 (Jan. 7, 1963)-v.106:no.26 (June 25, 2007), Current 3 months to present in B.D. Owens Library Building

The Freely Accessible journals link had only text of the articles. So since he wanted the last months issue of th SI, the Owens Library Building link would have been the only choice that would have allowed him to copy an advertisement.

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How do I find biographies in the children's collection?

Answer

Go to the Library Catalog and click the Advanced tab. Type biography in the first search box. In the Location drop-down menu, select either NW Owens Juvenile OR NW Horace Mann Library. Click the Submit button: Owens Library - http://towers.searchmobius.org/search~S4/Y?SEARCH=d:%28biography%29&searchscope=4&SORT=D&b=w4j Horace Mann Library - http://towers.searchmobius.org/search~S4/Y?SEARCH=d:%28biography%29&searchscope=4&SORT=D&b=w5b If you have further questions, please Ask a Librarian.

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How do I connect to a printer in the library?

Answer

To connect to the printer, we recommend you open the start menu and click “Run.” From that point, type in \\peri\ and press the enter key. Select a printer from the list. For black and white printing, select ol122 in the computer lab or ol100s which is nearby the library entrance door. For color, select ol122c.

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Can you help me find thesis and dissertations for agriculture, biology, Geographic Information Science (GIS), Recreation, and History?

Answer

The electronic theses at Northwest are located at http://www.nwmissouri.edu/library/theses/.  

Print can also be located in the library catalog, by selecting Advanced Search, and selecting format: Manuscript/Thesis and typing a topic in the search box (example: agriculture).  

Both print and electronic thesis can be located by typing thesis (or research paper) in the first search box and "northwest missouri state university" in the 2nd search box. 

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Need tax forms.

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Head on over to http://www.irs.gov and click Forms & Pubs.

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Question

Communication Law - Paper and Debate #3

Law Enforcement vs. Media

Martyrs of the Shining Path, a militant political group intent on spreading its brand of religious/poligical doctrine, has decided to step up its level of proselytizing in the Midwest.  The group believes in their exclusive concept of a supreme being, a strict fundamentalist interpretatino of life on earth and conviction to spread their faith "by any means necessary".  

Martyrs' Minister of Propoganda, Sappap Seyah, has been sent to Omaha to generate publicity for the group and gain membership.  During previous campaign stops in the Midwest, Seyah's vitriolic speeches have attracted growing attention from the local media.  Increasingly larger groups, both supporter and detractors have been showing up during his scheduled public appearances...

Answer

 

Searches for your topic in EBSCOhost:

 

• journalism and "search and seizure"
   
• police and "search and seizure"
   
• Privacy Protection Act of 1980
  
   
• Newspapers and privacy

 

Go to LexisNexis (http://www.nwmissouri.edu/Library/IpChecking.asp?http://www.lexisnexis.com/hottopics/lnacademic) and type in the Look up a Legal Case box:

 

Zurcher v Stanford Daily:

 

 

http://www.nwmissouri.edu/library/ipchecking.asp?http://www.lexisnexis.com/lnacui2api/api/version1/getDocCui?lni=3S4X-8SW0-003B-S1W9&csi=6443&hl=t&hv=t&hnsd=f&hns=t&hgn=t&oc=00240&perma=true

http://www.nwmissouri.edu/library/ipchecking.asp?http://www.lexisnexis.com/lnacui2api/api/version1/getDocCui?lni=3S4X-16G0-0039-M506&csi=6320&hl=t&hv=t&hnsd=f&hns=t&hgn=t&oc=00240&perma=true

 

This law review article also seems interesting (and does examine the influence of the Branzburg case):

A SKINNY SHIELD IS BETTER: WHY CONGRESS SHOULD PROPOSE A FEDERAL REPORTERS' SHIELD STATUTE THAT NARROWLY DEFINES JOURNALISTS
http://www.lexisnexis.com/lnacui2api/api/version1/getDocCui?lni=4V9K-TSY0-00CV-N0V0&csi=12162&hl=t&hv=t&hnsd=f&hns=t&hgn=t&oc=00240&perma=true

 

One important consideration for the courts in determining reporter qualified privilege and shielding them from testimony or surrendering information like tapes or video footage or revealing sources, etc., is whether there is compelling national interest at stake. This might imply a very unusual circumstance like the reporter’s evidence helping to prevent a violent or catastrophic event from being perpetrated (dirty bomb, suicide bomber, pandemic virus being released) that could lead to loss of civilian life and public infrastructure damage).  That would apply to the Espionage Act and other national security concerns as well.

 

In the article below, What They Meant to Say, the Caldwell v. United States case seems to match the circumstances of the scenario outlined in your assignment description most closely. In the Caldwell case, the right of a reporter to refuse to testify or to reveal sources is certainly very pertinent to the assignment scenario. The issue of the Espionage Act or national security concerns were not at issue in this case or the Branzburg case. But if the case were tried today and the Black Panthers whose stated aim was to overthrow the US government by any means necessary were categorized as a terrorist organization involved in violent acts of domestic terrorism as they well might, the Espionage Act or Patriot Act or some other law related to national security concerns could be invoked. The Caldwell case was not decided in favor of journalist qualified privilege (at least in the context of testifying before a grand jury) and neither was the Branzburg case in the article What They Meant to Say, even though none of the journalist were ever forced to testify. The Branzburg, Caldwell, and Pappas cases seem to apply to criminal (and even civil) law.

The Branzburg v. Hayes Supreme Court decision is available widely in LexisNexis as well as Findlaw
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=408&invol=665

 

The Caldwell v. United States Appellate case in LexisNexis Academic Legal

434 F.2d 1081; 1970 U.S. App. LEXIS 6410
http://www.nwmissouri.edu/library/ipchecking.asp?http://www.lexisnexis.com/lnacui2api/api/version1/getDocCui?lni=3S4X-GT40-0039-X08H&csi=6320&hl=t&hv=t&hnsd=f&hns=t&hgn=t&oc=00240&perma=true

 

There are many articles in full text about journalist privilege and the Caldwell/Branzburg cases specifically in Google Scholar including this one:

Link to Search:

"earl caldwell" "black panthers" "supreme court"

http://scholar.google.com/scholar?hl=en&q=%22earl+caldwell%22+%22black+panthers%22+%22supreme+court%22&btnG=&as_sdt=1%2C26&as_sdtp=

 

Link to this article The reporter’s privilege, then and now
http://www.nwmissouri.edu/Library/IPChecking.asp?http://search.ebscohost.com/login.aspx?direct=true&AuthType=cookie,ip,uid&db=s3h&AN=18673508&site=ehost-live

 

This article also looks good for explaining the issues involved in the closely related cases of Branzburg, Caldwell, and Pappas

Branzburg v. Hayes and the developing qualified privilege for newsmen
http://jamesgoodale.net/images/Hastings_Law_Journal.pdf

 

In past Mass Com Law classes, the so called Pentagon Papers has been held up  as one of the most important, precedent setting cases in determining whether the media can be suppressed from publishing classified information (and protecting its sources of information in the process). This case went all the way to the Supreme Court. The US government considered using the Espionage Act was used as a pretext for prosecuting those who leaked the so called Pentagon Papers.
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0403_0713_ZS.html

 

If you want a whole list of cases that revolve around the Espionage Act and disclosure of classified information from Schenck v. United States all the way to the Wikileaks controversy and the USA v. John Kiriakou case, Wikipedia does a good job of laying this out in its Espionage Act of 1917 article:

http://en.wikipedia.org/wiki/Espionage_Act_of_1917

 

The PBS program called Frontline did a very interesting expose on press freedoms v. national security issues in which it also uses the Pentagon Papers, Wikileaks, the Valery Plame affair and many other examples which have legal cases (though not necessarily Supreme Court cases) associated with them:

http://www.pbs.org/wgbh/pages/frontline/newswar/part1/

 

You can use LexisNexis (see example above) to find Federal and State cases mentioned in these sources.

 

There are articles on the Espionage Act and the press or national security and freedom of the press in EBSCOhost:

"espionage act" AND press

http://www.nwmissouri.edu/Library/IPChecking.asp?http://search.ebscohost.com/login.aspx?direct=true&AuthType=cookie,ip,uid&db=a9h&db=buh&db=c9h&db=eoah&db=ehh&db=eih&db=eric&db=8gh&db=hia&db=lxh&db=kah&db=mzh&db=pdh&db=psyh&db=s3h&bquery=%26quot%3bespionage+act%26quot%3b+AND+press&type=1&site=ehost-live

 

"national security" and press and freedom

http://www.nwmissouri.edu/Library/IPChecking.asp?http://search.ebscohost.com/login.aspx?direct=true&AuthType=cookie,ip,uid&db=a9h&db=buh&db=c9h&db=eoah&db=ehh&db=eih&db=eric&db=8gh&db=hia&db=lxh&db=kah&db=mzh&db=pdh&db=psyh&db=s3h&bquery=%26quot%3bnational+security%26quot%3b+AND+press+AND+freedom&type=1&site=ehost-live

 

 

Here is are some additional articles from the “media side” point of view:

 

The Reporter's Privilege under Fire: Is the American Press Still Free?
It is available in the library on the 2^nd floor of the library:  NW Owens Periodical Bound H62.A1 .S6

 

The Under "Privileged:" Journalism Students Seeking the Shield (pdf available)

 

Additional cases mentioned in What They Meant to Say: The Courts Try to Explain Branzburg v. Hayes.  Search for the cases by name in LexisNexis (as shown in the example below this message).

 

 

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Question

Do you have books about the printmaker Lasansky?

Answer

Yes, search for them in the Library Catalog by subject: Lasansky, Mauricio

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Question

How can I find research papers about behavior problems?

Answer

Go to library catalog (http://towers.missouri.edu/search). 

In the search box, type:

("research paper") and ("behavior problem*" or "positive behavior")

 

One good example:

http://towers.missouri.edu/record=b1991855~S4

 

All of these (that aren't electronic) are on the 3rd floor (take a right at the top of the stairs).

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