tennessee comm laws

8/3/2019 Tennessee Comm Laws

1/26

Click to edit Master subtitle style

4/28/12

The ETSU 8 1968

Norton v. Discipline Committee of ETSU ETSU 8 = Marietta Norton, Oscar Heffner,

Richard Crawford, Joseph

Garber, David Coker, George Ball, RobertMcCall and Mike Haga Case made it to the United States Court of

Appeals Sixth Circuit Distribution of material of an inflamatory

nature, apparently intended to incite a rioton the campus of ETSU.


2/26


4/28/12

The ETSU 8

Students at ETSU were suspended by theuniversity's discipline committee after ahearing on charges of distributing on thecampus 'material of a false, seditious andinflammatory nature.'

This material was said to cause adisturbance and disruption of school

activities and to bring about ridicule of andcontempt for the school authorities.


3/26


4/28/12

The ETSU 8

The students appealed to the president ofthe university, who upheld the decision ofthe discipline committee.

The courts believed the university had theright to maintain order and disciplinenecessary for the success of theeducational process.

The U.S. Supreme Court refused to hearthe case.


4/26


4/28/12

Amendments

1st Amendment

Congress may not pass laws limitingworship, speech, or the press, or preventing

people from meeting peacefully.


5/26


4/28/12

Amendments

14th Amendment

Protects against state restraints on freedomof expression in the same manner as the

First Amendment protects against restraintsby the federal government.


6/26


4/28/12

Libel

Statute of limitations (1 year inTennessee)- The period in which libel suitcan be brought: one, two, or three years,

depending upon the state.


7/26


4/28/12

Public Officials

The Supreme Court of Tennessee hasadopted the Rosenblattdefinition: publicofficials are those who have, or appear to

the public to have, substantialresponsibility for or control over theconduct of governmental affairs.


8/26


4/28/12

Public Officials

The definition does not necessarily applyonly to a high public position. Any positionof employment that carries with it duties

and responsibilities affecting the lives,liberty, money or property of a citizen orthat may enhance or disrupt his enjoymentof life, his peace and tranquility, or that of

his family, is a public official within themeaning of the constitutional privilege.


9/26


4/28/12

Public Figure

The Supreme Court of Tennessee hassaid that public figures are those persons:

Who have thrust themselves into thevortex of important public controversies; Who achieve such pervasive fame or

notoriety that they become public figures

for all purposes, and in all contexts;


10/26


4/28/12

Public Figure

The Supreme Court of Tennessee hassaid that public figures are those persons:

Who voluntarily inject themselves, or aredrawn into public controversies, andbecome public figures for a limitedrange of issues;

Who assume special prominence in theresolution of public questions.


11/26


4/28/12

Private Figures

In Tennessee, this is anyone who is not apublic figure or a public official. Itincludes also all public officials and limited

purpose public figures if thecommunication does not relate to theirconduct, fitness, or role in that capacity.


12/26


4/28/12

Obscenity

Tennessee law makes it a class Amisdemeanor to knowingly produce, sendor cause to be sent, or bring into this statefor sale, distribution, exhibition or display,or in this state to prepare for distribution,publish, print, exhibit, distribute, or offer todistribute, or to posses with the intent to

distribute or to exhibit or to offer todistribute any obscene matter.


13/26


4/28/12

Obscenity

In 1990 the Tennessee General Assemblychanged the scope of the communityfrom the entire state to the judicial district

in which a violation of the obscenitystatute is alleged to have occurred.


14/26


4/28/12

Obscenity

Further, it is unlawful to direct, present or anyobscene theatrical production, peep show or liveperformance, and every person who participatesin that part of such production which renders the

production or performance obscene is guilty ofthe offense.

Class A Misdemeanor- maximum term of 11

months, 29 days. Maximum fine, $2,500.Punishment may include jail term, fine, or both.


15/26


4/28/12

Tennessee Shield Law SHIELD LAW

T.C.A. 24-1-20824-1-208. Persons gathering information for publication orbroadcast - Disclosure. (a) A person engaged ingathering information for publication or broadcast

connected with or employed by the news media or press,or who is independently engaged in gathering informationfor publication or broadcast, shall not be required by acourt, a grand jury, the general assembly, or anyadministrative body, to disclose before the general

assembly or any Tennessee court, grand jury, agency,department, or commission any information or the sourceof any information procured for publication or broadcast.


16/26


4/28/12

Tennessee Shield Law

(b) Subsection (a) shall not apply with respect to thesource of any allegedly defamatory information in anycase where the defendant in a civil action for defamationasserts a defense based on the source of such

information.(c)(1) Any person seeking information or the sourcethereof protected under this section may apply for anorder divesting such protection. Such application shall bemade to the judge of the court having jurisdiction over the

hearing, action or other proceeding in which theinformation sought is pending.


17/26


4/28/12

Tennessee Shield Law

(2) The application shall be granted only if the court afterhearing the parties determines that the person seeking theinformation has shown by clear and convincing evidencethat:(A) There is probable cause to believe that the person

from whom the information is sought has informationwhich is clearly relevant to a specific probable violation oflaw;(B) The person has demonstrated that the informationsought cannot reasonably be obtained by alternative

means; and(C) The person has demonstrated a compelling andoverriding public interest of the people of the state ofTennessee in the information.


18/26


4/28/12

Tennessee Federal Court

The Eastern District of Tennessee is one of 94 federalcourt districts in the United States. Each district operatesseparately. Our district has jurisdiction in 41 EastTennessee counties, reaching generally from Bristol onthe north to Chattanooga on the south.

There are four divisions of the Eastern District ofTennessee, and we have offices in each of thosedivisions, at Greeneville, Knoxville, Chattanooga, andWinchester. The Knoxville office serves as theheadquarters for the district.

The nine districts in the states of Tennessee, Kentucky,Ohio and Michigan make up the Sixth Circuit. There are13 circuits in the United States Court system.


19/26


4/28/12

Tennessee Public Records

STATE OF TENNESSEE PUBLIC RECORDS LAWT.C.A. 10-7-503 - 50510-7-503. Records open to public inspection Exceptions. (a) All state, county and municipal recordsand all records maintained by the Tennessee performing

arts center management corporation, except any publicdocuments authorized to be destroyed by the countypublic records commission in accordance with 10-7-404,shall at all times, during business hours, be open forpersonal inspection by any citizen of Tennessee, and

those in charge of such records shall not refuse such rightof inspection to any citizen,unless otherwise provided bystate law.


20/26


4/28/12

Tennessee Public Records

(b) The head of a governmental entity may promulgaterules in accordance with the Uniform AdministrativeProcedures Act, compiled in title 4, chapter 5, to maintainthe confidentiality of records concerning adoptionproceedings or records required to be kept confidential by

federal statute or regulation as a condition for the receiptof federal funds or for participation in a federally fundedprogram.


21/26


4/28/12

Tennessee Public Meetings

SUNSHINE LAWT.C.A. 8-44-101 - 201CHAPTER 44PUBLIC MEETINGS8-44-101. Policy - Construction. (a) The general

assembly hereby declares it to be the policy of this statethat the formation of public policy and decisions is publicbusiness and shall not be conducted in secret.


22/26


4/28/12


Open meetings Governing body defined Meetingdefined. (a) All meetings of any governing body aredeclared to be public meetings open to the public at alltimes, except as provided by the Constitution ofTennessee.


23/26


4/28/12


(b)(1) Governing body means:(A) The members of any public body which consists of two(2) or more members, with the authority to make decisionsfor or recommendations to a public body on policy oradministration and also means a community action

agency which administers community action programsunder the provisions of 42 U.S.C. 2790 [repealed]. Anygoverning body so defined by this section shall remain sodefined, notwithstanding the fact that such governing bodymay have designated itself as a negotiation committee for

collective bargaining purposes, and strategy sessions of agoverning body under such circumstances shall be opento the public at all times;


24/26


4/28/12


(B) The board of directors of any nonprofit corporationwhich contracts with a state agency to receive communitygrant funds in consideration for rendering specifiedservices to the public; provided, that community grantfunds comprise at least thirty percent (30%) of the total

annual income of such corporation. Except such meetingsof the board of directors of such nonprofit corporation thatare called solely to discuss matters involving confidentialdoctor-patient relationships, personnel matters or mattersrequired to be kept confidential by federal or state law or

by federal or state regulation shall not be covered underthe provisions of this chapter, and no other matter shall bediscussed at such meetings;


25/26


4/28/12


(C) The board of directors of any not-for-profit corporationauthorized by the laws of Tennessee to act for the benefitor on behalf of any one (1) or more of counties, cities,towns and local governments pursuant to the provisions oftitle 7, chapter 54 or 58. The provisions of this subdivision

(b)(1)(C) shall not apply to any county with a metropolitanform of government and having a population of fourhundred thousand (400,000) or more according to the1980 federal census or any subsequent federal census;


26/26


4/28/12


(D) The board of directors of any nonprofit corporationwhich through contract or otherwise provides ametropolitan form of government having a population inexcess of five hundred thousand (500,000) according tothe 1990 federal census or any subsequent federal

census with heat, steam or incineration of refuse;(E) (i) The board of directors of any association ornonprofit corporation authorized by the laws ofTennessee.

tennessee comm laws

Documents