fair comment doctrine

14336 results for fair comment doctrine

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  • 471 U.S. 539 (1985), 83-1632, Harper & Row, Publishers, Inc. v. Nation Enterprises

    ... identified as copyrightable expression was sanctioned as a "fair use" of the copyrighted material under § 107 of the Act. Section ..., the fair use of a copyrighted work for purposes such as comment and news reporting is not an infringement of copyright. Section ..., as respondents contend should be done, the fair use doctrine to what amounts to a public figure exception to copyright. ...

  • 510 U.S. 569 (1994), 92-1292, Campbell v. Acuff-Rose Music, Inc.

    ... 2 Live Crew, holding that its song was a parody that made fair use of the original song. See Copyright Act of 1976, 17 U.S.C. § .... . for purposes such as criticism [or] comment . . . is not an infringement . . .," continues the common-law ... to "fair use," as it later came to be known, [ 7 ] the doctrine" was recognized by the American courts nonetheless.        \xC2"...

  • 561 U.S. 742 (2010), 08-1521, McDonald v. City of Chicago, Illinois

    ....           Stephen P. Halbrook, Fairfax, VA, Counsel for the National Rifle Association of America, Inc., ...2783, 171 L.Ed.2d 637. Founding-era legal commentators confirmed the importance of the right to early Americans. St. ... that view, since straightforward application of settled doctrine suffices to decide it.          I write separately only ...

  • 750 F.2d 970 (D.C. Cir. 1984), 79-2265, Ollman v. Evans

    ... competing interests is by no means new: at common law, the fair comment doctrine bestowed qualified immunity from libel actions ...

  • 554 U.S. 471 (2008), 07-219, Exxon Shipping Co. v. Baker

    ...Courts are concerned with fairness as consistency, and the available data suggest that the spread ...          The modern Anglo-American doctrine of punitive damages dates back at least to 1763, when a pair of ... in some of the early cases, has been noted by recent commentators, and that was the need "to compensate for intangible injuries,. ...

  • 382 U.S. 406 (1966), 52, Tehan v. Shott

    ...Respondent had not taken the stand, and the prosecutor commented extensively, as permitted by Ohio law, on his failure to testify. ... and argue the question of the retroactivity of that doctrine.         Held: The doctrine of Griffin v. California ...But it may fairly be assumed that there has been comment in every single trial in ...

  • 561 U.S. 358 (2010), 08-1394, Shilling v. United States

    ... a presumption that Skilling would be unable to obtain a fair trial in Houston. Despite incidents of intemperate commentary, ... and subsequent appli­cation of the honest-services doctrine. Pp. 2925 - 2928, 177 L.Ed.2d, at 654-656. (1) In a series ...

  • 376 U.S. 254 (1964), 39, New York Times Co. v. Sullivan

    ... se "; that "the matter complained of is, under the above doctrine, libelous per se, if it was published of and concerning the ...His privilege of "fair comment" for expressions of opinion depends on the truth of the ...

  • 376 U.S. 398 (1964), 16, Banco Nacional de Cuba v. Sabbatino

    ... jurisdiction, and acknowledged the "act of state" doctrine, which precludes judicial inquiry in this country respecting the ... only the then wish of the Department to avoid commenting on the litigation, obviates the need for this Court to pass upon ... impossible for a court to see that a particular dispute is fairly resolved. The freezing of Cuban assets exemplifies the capacity ...

  • 464 U.S. 417 (1984), 81-1687, Sony Corp. of America v. Universal City Studios, Inc.

    ... of material broadcast over the public airwaves was a fair use of copyrighted works and did not constitute copyright ...But in both areas the contributory infringement doctrine is grounded on the recognition that adequate protection of a ... when a work is used "for purposes such as criticism, comment, news reporting, teaching, .. scholarship, or research." The ...

  • 485 U.S. 25 (1988), 86-937, United States v. Robinson

    ... contended that the defense had "opened the door" to commenting upon respondent's failure to testify. The judge agreed and ..., that the prosecutor's comment had deprived respondent of a fair trial under the Fifth Amendment.          Held: The ...While this Court has emphasized that the doctrine is to be invoked only rarely, it generally has avoided ...

  • 430 U.S. 274 (1977), 76-29, Complete Auto Transit, Inc. v. Brady

    ... State) with a substantial nexus with the taxing State, is fairly apportioned, does not discriminate against interstate commerce, ...   The rule announced in Freeman was viewed in the commentary as a triumph of formalism over substance, providing little ... that the Court maintains a serious belief in the doctrine that the privilege of doing interstate business is immune from ...

  • 443 U.S. 368 (1979), 77-1301, Gannett Co., Inc. v. DePasquale

    ... adverse publicity had jeopardized their ability to receive a fair trial. The District Attorney did not oppose the motion, and a ... the first time either of the two papers had carried any comment about the case since July 25, nine days before. On August 6, each ... four dissenters in this case a willingness to ignore the doctrine of stare decisis and to join with him in some later decision to ...

  • 533 U.S. 218 (2001), 99-1434, United States v. Mead Corp.

    ...837, because they are not preceded by notice and comment as under the Administrative Procedure Act (APA), do not carry the ...v. United States, 437 U.S. 443, 450 (1978). The fair measure of deference to an agency administering its own statute ...We will be sorting out the consequences of the Mead doctrine, which has today replaced the Chevron doctrine, Chevron U.S.A. ...

  • 429 U.S. 190 (1976), 75-628, Craig v. Boren

    ...Our Brother BLACKMUN's comment is pertinent:. [I]t may be that a class could be assembled, ... it has chosen, has adopted a means that bears a "`fair and substantial relation'" to this objective. Id. at 76, ... of our own preferences in the development of this new doctrine, the thousands of judges in other courts who must interpret the ...

  • 414 U.S. 168 (1973), 72-702, Golden State Bottling Co., Inc. v. NLRB

    ...(1944), which involved an injunction against violation of the Fair Labor Standards Act. Real Knitwear treated a Board cease and ... is derived from the common law doctrine that a decree of injunction not only binds the parties defendant, ...Restatement of Judgments § 89, and comment c (1942); see 1 J. Story, Equity Jurisprudence § 536 (14th ...

  • 385 U.S. 374 (1967), 22, Time, Inc. v. Hill

    .... . or his eccentricities commented upon either in handbills, circulars, catalogues, periodicals or ... important case based on the prevailing constitutional doctrine expressed in New York Times Co. v. Sullivan , 376 U.S. 254. The ...With the case in this posture, I do not think it can fairly be said that there has been a binding jury interpretation of the ...

  • 547 U.S. 410 (2006), 04-473, Garcetti v. Ceballos

    ... a useful starting point in explaining the Court's doctrine. There the relevant speech was a teacher's letter to a local ... between the interests of the teacher, as a citizen, in commenting upon matters of public concern and the interest of the State, as ... he could be fired without First Amendment recourse for fair but unfavorable comment when the teacher under review is the ...

  • 395 U.S. 367 (1969), 2, Red Lion Broadcasting Co., Inc. v. Federal Communications Commission

    ... (FCC) has for many years imposed on broadcasters a "fairness doctrine," requiring that public issues be presented by ...After considering written comments supporting and opposing the rules, the FCC adopted them ...

  • 549 U.S. 384 (2007), 05-1240, Wallace v. Kato

    ... ends, see, e.g., 4 Restatement (Second) of Torts §899, Comment c, that is, in the present context, when the victim becomes ... a habeas petitioner with "an opportunity for full and fair litigation of a Fourth Amendment claim," . . Stone, 428 ... be expected to sue in time," courts have applied a doctrine of "equitable tolling." Miller v. Runyon, 77 F.3d 189, 191 ...

  • 371 U.S. 415 (1963), 5, National Association for the Advancement

    ... of vagueness and overbreadth does not depend upon absence of fair notice to a criminally accused or upon unchanneled delegation of ... statute cannot be squared with accepted constitutional doctrine in the domain of state regulatory power over the legal ...of Pa.L.Rev. 67, but it is also true, as that same commentator has well stated, that "[v]agueness is not an extraneous ploy or a ...

  • 431 U.S. 494 (1977), 75-6289, Moore v. City of East Cleveland

    ... that this saved the statute, THE CHIEF JUSTICE commenting that "no one in these circumstances should be placed in a posture ...         A.         The basis of the doctrine of exhaustion of administrative remedies was simply put in Myers ... Clause should be limited "to a guarantee of procedural fairness." Poe v. Ullman , 367 U.S. 497, 540 (1961) (dissenting opinion). ...

  • 461 U.S. 499 (1983), 81-1463, United States v. Hasting

    ..., defense counsel objected when the prosecutor began to comment on the defense evidence, particularly that respondents never ....   The court declined to rely on the harmless-error doctrine, stating that application of the doctrine "would impermissibly ... that, given the myriad safeguards provided to assure a fair trial, and taking into account the reality of the human ...

  • 395 U.S. 575 (1969), 573, National Labor Relations Board v. Gissel Packing Co., Inc.

    ... unfair labor practices which have made the holding of a fair election unlikely, or which have undermined a union's majority, ...1338 (1968). Under the Cumberland Shoe doctrine, if the card itself is unambiguous ( i.e., states on its face ... request, and he can demand an election with a simple "no comment" to the union. The Board pointed out, however, (1) that an ...

  • 427 U.S. 539 (1976), 75-817, Nebraska Press Assn. v. Stuart

    ... First Amendment rights and the Sixth Amendment right to a fair trial under all circumstances, as the authors of the Bill of ...The Court noted that "unfair and prejudicial news comment on pending trials has become increasingly prevalent," id. at ... by the application of the constructive contempt doctrine. Cf. n. 5, supra at 557; see generally Maryland v. Baltimore ...