| Banamex v. Narco News | |
|---|---|
| | |
| Court | Supreme Court of New York |
| Full case name | Banamex, Plaintiff v. Mario Renato Menendez Rodriguez, Al Giordano, and Narco News, Defendant |
| Decided | December 5 2001 |
| Holding | |
| Dismissed | |
| Court membership | |
| Judge sitting | Justice Paula J. Omansky |
Banamex v. Narco News, 2001 603429/00, was a New York Supreme Court case that extended the findings of New York Times Co. v. Sullivan, that freedom of the press applied to an online newspaper's reporting.
The court found that: "Narco News, its website, and the writers who post information, are entitled to all the First Amendment protections accorded a newspaper-magazine or journalist... Furthermore, the nature of the articles printed on the website and Mr. Giordano's statements at Columbia University constitute matters of public concern because the information disseminated relates to the drug trade and its affect[ sic ] on people living in this hemisphere..." [1]
Narco News published a series of articles relating to the operation of Banamex, one of the largest banks in Mexico, and revealed a pattern of illegal and narcotics-related activity by those at the bank. Banamex filed suit charging that they "have maliciously smeared Banamex with accusations that, among other things, it is controlled and operated by narcotics traffickers and has engaged in illegal activity."
New York Times Co. v. United States, 403 U.S. 713 (1971), was a landmark decision of the Supreme Court of the United States on the First Amendment right to freedom of the press. The ruling made it possible for The New York Times and The Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment.
Narcoterrorism, in its original context, is understood to refer to the attempts of narcotics traffickers to influence the policies of a government or a society through violence and intimidation, and to hinder the enforcement of anti-drug laws by the systematic threat or use of such violence. As with most definitions of terrorism, it typically only refers to non-state actors.
New York Times Co. v. Sullivan, 376 U.S. 254 (1964), was a landmark U.S. Supreme Court decision ruling that the freedom of speech protections in the First Amendment to the U.S. Constitution restrict the ability of public officials to sue for defamation. The decision held that if a plaintiff in a defamation lawsuit is a public official or candidate for public office, then not only must they prove the normal elements of defamation—publication of a false defamatory statement to a third party—they must also prove that the statement was made with "actual malice", meaning the defendant either knew the statement was false or recklessly disregarded whether it might be false. New York Times Co. v. Sullivan is frequently ranked as one of the greatest Supreme Court decisions of the modern era.
Near v. Minnesota, 283 U.S. 697 (1931), was a landmark decision of the US Supreme Court under which prior restraint on publication was found to violate freedom of the press as protected under the First Amendment. This principle was applied to free speech generally in subsequent jurisprudence. The Court ruled that a Minnesota law that targeted publishers of "malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution. Legal scholar and columnist Anthony Lewis called Near the Court's "first great press case".
Narco-state is a political and economic term applied to countries where all legitimate institutions become penetrated by the power and wealth of the illegal drug trade. The term was first used to describe Bolivia following the 1980 coup of Luis García Meza which was seen to be primarily financed with the help of narcotics traffickers.
In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law."
Narco News is an online newspaper that covers the "War on Drugs" and social movements throughout the Americas. Its articles are available in English and Spanish, with some translations in Italian, French, Portuguese and German. It is funded by the Fund for Authentic Journalism.
New York Times Co. v. Tasini, 533 U.S. 483 (2001), is a leading decision by the United States Supreme Court on the issue of copyright in the contents of a newspaper database. It held that The New York Times, in licensing back issues of the newspaper for inclusion in electronic databases such as LexisNexis, could not license the works of freelance journalists contained in the newspapers.
Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990), was a United States Supreme Court case that rejected the argument that a separate opinion privilege existed against libel. It was seen by legal commentators as the end of an era that began with New York Times Co. v. Sullivan and continued with Gertz v. Robert Welch, Inc., in which the court clarified and greatly expanded the range and scope of what could be said in the press without fear of litigation.
The New York Law Journal, founded in 1888, is a legal periodical covering the legal profession in New York, United States.
Freedom of the press in the United States is legally protected by the First Amendment to the United States Constitution.
The Russian Criminal Code is the prime source of the Law of the Russian Federation concerning criminal offences. The 1996 Criminal Code of the Russian Federation (UGKRF) came into force on 1 January 1997. The new Criminal Code replaced the Soviet analogue of 1960. The main changes deal with economic crimes and property crimes. Most of the other chapters were already amended to correspond to new Russian realities.
Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967), was a landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals.
The Federal Service for Supervision of Communications, Information Technology and Mass Media, abbreviated as Roskomnadzor (RKN), is the Russian federal executive agency responsible for monitoring, controlling and censoring Russian mass media. Its areas of responsibility include electronic media, mass communications, information technology and telecommunications, supervising compliance with the law, protecting the confidentiality of personal data being processed, and organizing the work of the radio-frequency service.
Bigelow v. Virginia, 421 U.S. 809 (1975), was a United States Supreme Court decision that established First Amendment protection for commercial speech. The ruling is an important precedent on challenges to government regulation of advertising, determining that such publications qualify as speech under the First Amendment.
Richard Joseph Sullivan is an American lawyer who serves as a United States circuit judge of the United States Court of Appeals for the Second Circuit. He was formerly a United States district judge of the United States District Court for the Southern District of New York from 2007 to 2018. He has been a member of the Federalist Society, a conservative legal organization.
Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations, 413 U.S. 376 (1973), is a 1973 decision of the United States Supreme Court which upheld an ordinance enacted in Pittsburgh that forbids sex-designated classified advertising for job opportunities, against a claim by the parent company of the Pittsburgh Press that the ordinance violated its First Amendment rights.
Por Esto! is a daily Mexican newspaper headquartered in Mérida, Yucatán. It has offices in Cancún, Quintana Roo, and several bureaus. It largely covers the Mexican states of Yucatán, Campeche, and Quintana Roo, giving it significant circulation.
Harte-Hanks Communications Inc. v. Connaughton, 491 U.S. 657 (1989), was a case in which the Supreme Court of the United States supplied an additional journalistic behavior that constitutes actual malice as first discussed in New York Times Co. v. Sullivan (1964). In the case, the Court held that departure from responsible reporting and unreasonable reporting conduct alone were not sufficient to award a public figure damages in a libel case. However, the Court also ruled that if reporters wrote with reckless disregard for the truth, which included ignoring obvious sources for their report, plaintiffs could be awarded compensatory damages on the grounds of actual malice.

Al Giordano was an American journalist, political commentator, and anti-nuclear and environmental activist and organizer.