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action actual malice adult agency Amendment American appellate court argued attorneys Branzburg cable cable television candidate censorship child pornography claims commercial commission common law Congress constitutional copy Court of Appeals criminal damages decision defamatory defendant example fact false advertising federal court film freedom of expression high court infringement Internet invasion of privacy issue John Paul Stevens journalists judge jurors jury Justice lawsuit libel libel suit license limited magazine mass media material Miller test nation newspaper obscenity person photograph picture plaintiff police prior restraint privilege problems protected public figure published radio records regulation rejected reporter sexual speech statement statute story subpoena substantial sued summary Supp Supreme Court ruled tion trial U.S. Circuit Court U.S. Constitution U.S. Court U.S. District Court U.S. Supreme Court violation wrote York