Attorney Speaks on 'Libel, Slander and the First Amendment'

 

Detroit Attorney Speaks on 'Libel, Slander and the First Amendment'

How free is speech after the Imus controversy?

Detroit, MI (PRWEB) April 30, 2007 -- The Law Offices of Jermaine A. Wyrick P.L.L.C. is pleased to announce that on Monday April 30, 2007, at 6:00 p.m., Attorney Jermaine A. Wyrick will speak to the Detroit Urban League Blue Monday Network/Young Professionals (DULYP) for a networking forum entitled, "Language, Lyrics, Image and the Media (are we tuned in?).

Attorney Jermaine A. Wyrick has practiced law since 1997. Attorney Wyrick has lectured in various places, including for Lorman Education Services, the Northville Psychiatric Hospital, Continuing Medical Education program, and the Detroit Branch NAACP George W. Crockett Community Law School.

Attorney Wyrick awards include the Pepsi "Everyday Freedom Hero" Award; "Civil Rights and Education" United States Attorney's Office Black History Month Award, and the "Five under Ten" Award from the University of Michigan, African American Alumni Council; Who's Who in America, the Federal Bar Association, Pro Bono Project Award; Respect for Law, Optimist International, and an award from the Detroit Branch NAACP for Outstanding Leadership in Affirmative Action.

Attorney Wyrick is currently a member of the Detroit Metropolitan Bar Association, the State Bar of Michigan, the National Bar Association and the Board of Directors for the Wolverine Bar Association.

Attorney Wyrick civic activities, includes the Coleman A. Young Foundation Board of Directors, the Detroit Recovery Project - Board of Directors, and the State Bar of Michigan Public Outreach Committee.

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Press Contact: JERMAINE WYRICK
Company Name: Law Offices of Jermaine Wyrick PLLC
Phone: (313)964-8950
Website:

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Libel, Slander, and the First Amendment
Speech Outline
Uploaded: Apr 28, 2007  

LAW OFFICES OF
JERMAINE A. WYRICK P.L.L.C.
615 GRISWOLD, SUITE 1610
DETROIT, MI. 48226
OFFICE: (313) 964-8950
E-Mail: AttyJaw1@Ameritech.net
_____________________________________________________

"Language, Lyrics, Image and the Media (are we tuned in?)

Speech – Monday April 30, 2007

Michigan Law
Libel:  A statement concerning the plaintiff that is false in some material respect, is communicated to a third person by written or printed words, and has a tendency to harm the plaintiff's reputation.  Fisher v. Detroit Free Press, Inc., 158 Mich. App. 498, 404 N.W.2d 765(1987); M.C.L.A. 600.2911, M.S.A. 27A. 2911(libel or slander; makes allegations of lack of chastity actionable, specific damages in actions for libel or slander, provides for mitigating circumstances, and sets forth special conditions for public and private figures.  

FIRST AMENDMENT
Congress shall make no law respecting an establishing of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
 
Thomas Jefferson – "Press ought to be restrained "within the legal and wholesome limits of the truth." 

John Peter Zenger Trial – 1735
Editor found not guilty of publishing libels after he wrote the aide of the governor was a large "Spaniel" the sheriff was a "Monkey."  For a libel to be proved it, must be both false and malicious.  The right to free speech, free press was established.

Jacob Abrams Case (1919)
Editor sentenced to jail – 20 years for the male defendant, and 50 years for the woman.   Editor wrote an editorial entitled "The Nude and Prudes,"  a dangerous and seditious revolutionary piece in which the editor criticized opponents of nude swimming.  Convicted under a Washington state law making it a crime to encourage or advocate disrespect for the law(Indecent Exposure).

The Nuremberg Trial – Germany – 1945-1946
Julius Streicher, a raving bigot, editor of Der Sturmer, a notorious anti-Semitic propaganda rag, the bible of Hitler's racism prosecuted .  He was sentenced to death not, "strictly on the law but on the physical and moral revulsion he evoked." 

Dr. Spock prosecution (1968)
Prosecuted Vietnam War protestors.  Government wanted to have a chilling effect on entirely proper, and constitutionally protected organized political activities.  Conviction reversed on appeal. 

The Pentagon Papers – 1971
The Defendant New York Times published the Pentagon Papers.  The Government/Nixon administration argued publication would affect lives, termination of the Vietnam War and therefore asked for a prior restraint injunction to win a criminal prosecution in connection with the initial dissemination of the papers.  Supreme Court ruled in favor of the New York Times.  The United States Supreme Court ruled the First Amendment was adopted against he widespread of seditious libel to punish the dissemination of material that embarrassed the government. 

Hustler v. Faldwell – United States Supreme Court (1983)
Held the First Amendment recognizes no such thing as a "false idea."  The First Amendment protects a gross and offensive parody.  Portrayed minister as a drunk having sex with his mother in an outhouse. 

Nor must the criticism of public figures be limited to "reasoned or moderate" attack; it may include vehement, caustic, and sometimes unpleasantly sharp attacks.  It may also include caricature, satire, exaggeration, hyperbole, mockery, and ridicule.  The publisher may even be motivated by "hatred or ill will" than by a genuine wish to impose or reform.