Olivia N. v. National Broadcasting Co.

Olivia N. appeals from a judgment of nonsuit terminating her action against the National Broadcasting Company and the Chronicle Broadcasting Company. Appellant sought damages for physical and emotional injury inflicted by assailants who had seen a television broadcast of a film drama.

A defense motion for summary judgment was denied, and the case was set for trial by jury. Before impanelment of a jury the trial court viewed the film and determined for itself that the film did not serve to incite violent and depraved conduct such as the crimes committed against the plaintiff and on that basis rendered judgment for defendants.

On appeal from the judgment this court recognized that certain narrowly limited classes of speech may be prevented or punished by the state consistent with the principles of the First Amendment and held that “the trial court’s action in viewing the film, and thereupon making fact findings and rendering judgment for respondents, was a violation of appellant’s constitutional right to trial by jury.” (Olivia N. v. National Broadcasting Co. (1977) 74 Cal.App.3d 383, 389 [ 141 Cal.Rptr. 511 ].) Therefore, the judgment was reversed with directions to…