Teleprompter Corp. v. Columbia Broadcasting | |
---|---|
Argued January 7, 1974 Decided March 4, 1974 | |
Full case name | Teleprompter Corp. et al. v. Columbia Broadcasting System, Inc., et al. |
Citations | 415 U.S. 394 ( more ) |
Case history | |
Prior | Columbia Broad. Sys., Inc. v. Teleprompter Corp., 476 F.2d 338 (2d Cir. 1973); cert. granted, 414 U.S. 817(1973) |
Holding | |
Receiving a television broadcast from a "distant" source does not constitute a "performance". | |
Court membership | |
| |
Case opinions | |
Majority | Stewart, joined by Brennan, White, Marshall, Powell, Rehnquist |
Concur/dissent | Blackmun |
Dissent | Douglas, joined by Burger |
Teleprompter Corp. v. Columbia Broadcasting, 415 U.S. 394 (1974), was a United States Supreme Court case in which the Court held that receiving a television broadcast from a "distant" source does not constitute a "performance". [1]
In the United States, antitrust law is a collection of mostly federal laws that regulate the conduct and organization of businesses to promote competition and prevent unjustified monopolies. The three main U.S. antitrust statutes are the Sherman Act of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act of 1914. These acts serve three major functions. First, Section 1 of the Sherman Act prohibits price fixing and the operation of cartels, and prohibits other collusive practices that unreasonably restrain trade. Second, Section 7 of the Clayton Act restricts the mergers and acquisitions of organizations that may substantially lessen competition or tend to create a monopoly. Third, Section 2 of the Sherman Act prohibits monopolization.
A teleprompter, also known as an autocue, is a display device that prompts the person speaking with an electronic visual text of a speech or script.
The doctrine of nondelegation is the theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to exercise itself. It is explicit or implicit in all written constitutions that impose a strict structural separation of powers. It is usually applied in questions of constitutionally improper delegations of powers of any of the three branches of government to either of the other, to the administrative state, or to private entities. Although it is usually constitutional for executive officials to delegate executive powers to executive branch subordinates, there can also be improper delegations of powers within an executive branch.
Telford Taylor was an American lawyer and professor. Taylor was known for his role as lead counsel in the prosecution of war criminals after World War II, his opposition to McCarthyism in the 1950s, and his outspoken criticism of American actions during the Vietnam War.
Under the Noerr–Pennington doctrine, private entities are immune from liability under the antitrust laws for attempts to influence the passage or enforcement of laws, even if the laws they advocate for would have anticompetitive effects. The doctrine is grounded in the First Amendment protection of political speech, and "upon a recognition that the antitrust laws, 'tailored as they are for the business world, are not at all appropriate for application in the political arena.'"
United States v. Matlock, 415 U.S. 164 (1974), was a Supreme Court of the United States case in which the Court ruled that the Fourth Amendment prohibition on unreasonable searches and seizures was not violated when the police obtained voluntary consent from a third party who possessed common authority over the premises sought to be searched. The ruling of the court established the "co-occupant consent rule," which was later explained by Illinois v. Rodriguez, 497 U.S. 177 (1990) and distinguished later by Georgia v. Randolph (2006), in which the court held that a third party could not consent over the objections of a present co-occupant, and Fernandez v. California (2014), where the court held when the objecting co-resident is removed for objectively reasonable purposes, the remaining resident may validly consent to search.
Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922), was a case in which the Supreme Court of the United States held that whether a regulatory act constitutes a taking requiring compensation depends on the extent of diminution in the value of the property.
Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982), was a case in which the Supreme Court of the United States held that when the character of the governmental action is a permanent physical occupation of property, the government actions effects regulatory taking to the extent of the occupation, without regard to whether the action achieves an important public benefit or has only minimal economic impact on the owner. In doing so, it established the permanent physical presence test for regulatory takings.
Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984), also known as the "Betamax case", is a decision by the Supreme Court of the United States which ruled that the making of individual copies of complete television shows for purposes of time shifting does not constitute copyright infringement, but can instead be defended as fair use. The court also ruled that the manufacturers of home video recording devices, such as Betamax or other VCRs, cannot be liable for contributory infringement. The case was a boon to the home video market, as it created a legal safe harbor for the technology.
Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975), was a United States Supreme Court case involving freedom of the press publishing public information. The Court held that both a Georgia statute prohibiting the release of a rape victim's name and its common-law privacy action counterpart were unconstitutional. The case was argued on November 11, 1974, and decided on March 3, 1975.
Lingle v. Chevron U.S.A. Inc., 544 U.S. 528 (2005), was a landmark case in United States regulatory takings law whereby the Court expressly overruled precedent created in Agins v. City of Tiburon. Agins held that a government regulation of private property effects a taking if such regulation does not substantially advance legitimate state interests. Writing for the Court, Justice O’Connor found the test untenable for a number of reasons, but declined to grant Chevron relief because Chevron’s motion before the court was limited to a discussion of the “substantially advances” theory which had just been struck down. The Court remanded to the Ninth Circuit for a determination of whether the statute exacted a taking according to the formula of Penn Central.
TelePrompTer Corporation was an American media company that existed from approximately 1950 until 1981. The company was named for its eponymous primary product, a display device invented by Hubert Schlafly which scrolls text to people on video or giving speeches, replacing cue cards or scripts. Branded as the "TelePrompTer", the name has become a genericized trademark as "teleprompter".
Irving Berlin Kahn was an American media proprietor. He was a founder of TelePrompTer Corporation and an early proponent and developer of cable television.
Twentieth Century Music Corp v. Aiken, 422 U.S. 151 (1975), was an important decision of the United States Supreme Court, out of the Third Circuit, that questioned whether the reception of a copyrighted song on a radio broadcast constitutes a copyright violation if the copyright owner has only licensed the broadcaster to "perform the composition publicly for profit".
In the United States, some categories of speech are not protected by the First Amendment. According to the Supreme Court of the United States, the U.S. Constitution protects free speech while allowing limitations on certain categories of speech.
Smith v. Goguen, 415 U.S. 566 (1974), is a United States Supreme Court case in which the Court held that flag desecration laws that prohibit "contemptuous" treatment of the flag are overly broad.
The Columbia Journal of Environmental Law is a student-run law review published at Columbia University's School of Law. The journal primarily publishes articles, notes, and book reviews discussing environmental law and policy and related subjects.
Manhattan Community Access Corp. v. Halleck, No. 17-1702, 587 U.S. ___ (2019), was a United States Supreme Court case related to limitations on First Amendment-based free speech placed by private operators. The Court held that a public access station was not considered a state actor for purposes of evaluating free speech issues in a 5–4 ruling split along ideological lines. Prior to the Court's decision, analysts believed that the case had the potential to determine whether limitations on free speech on social media violate First Amendment rights. However, the Court's narrow holding avoided that issue.