I’ve embodied the American Dream, being from the greatest generation America has ever experienced. I was an all-star athlete in high school, an Ivy league student and a veteran. I have served my country in every aspect possible and hold fast to my beliefs of how our country should look. I may be staunch in my beliefs, but I serve as a justice whose “…mandates will be clear, crisp, and leave those of us below with as little room as possible for disagreement about their meaning.” Now I’m brought this case of BROKERS’ CHOICE OF AMERICA V. NBC UNIVERSAL, INC.; GENERAL ELECTRIC CO. over an accusation of libel and specifically, defamation of character.
BCA V. NBC details a lawsuit on the basis of NBC and their employees taking exclusive footage of a two day “Annuity University” seminar. NBC titled the segment “Tricks of the Trade” and focused the story on how these seminars teach brokers how to scheme and commit fraud, using a small doctored excerpt of Clark’s lecture to pad the argument against the event. While BCA originally filed this lawsuit in the form of defamation of character, it has already been dismissed once per the request of NBC. However it has been appealed by BCA as “It contends the district court failed to credit its allegations as true and improperly made factual determinations to reach its conclusions.”
As with Miranda v. Arizona when I declared the court to be inventing their own version of the fifth amendment rights, ruling on this case to restrict the press’ freedom to publish their information, would be an overreach of the court creating their own version of the amendments. As a conservative voice in this court, I stand that our initial rights as Americans should remain in tact as they are and not be bent by corporate quibblings. The reviewing of the segment video, which has already be reviewed once, will undoubtedly result in the same conclusion as has already been upheld by the court in the past. While Clark and BCA may feel their seminar was taken out of context, it does not null the fact that by restricting this material taken at liberty while shooting by invitation at the seminar, would strip first amendment rights and dangerously narrow the liberties of not only citizens but also, journalists. The liberal political force has been aiming to increase government involvement with social and political liberties, and I think there needs to be a detachment of governmental involvement in societal matters that overlap into politics.
Sources: http://osu.worldcat.org/title/man-who-once-was-whizzer-white-a-portrait-of-justice-byron-r-white/oclc/38024106&referer=brief_results
https://www.ca10.uscourts.gov/opinions/11/11-1042.pdf
http://osu.worldcat.org/oclc/4578904478&referer=brief_results
Nice to meet you Justice White–I’d like to learn a little but more about you.