Ch. 4 Libel Flashcards
(19 cards)
SLAPP suits
Strategic lawsuits against public participation
6 elements of a successful libel case against media
- statement of fact
- publication
- identification
- defamation
- falsity
- fault
Blumenthal v Drudge
ISP was irresponsible for transmission but not origination; ISP providers not libel for content they don’t originate
Defamation
When reputation is damaged, defamation occurs.
- Libel per se: a statement whose injurious nature is apparent and requires no further proof.
- libel per quod: a statement whose injurious nature requires proof
Kaelin v Globe Communication
“Cops think Kato did it”; needed further proof to show libel per quod; further investigation showed the Globe acted with malice
Texas beef group v. Oprah
Plaintiffs had not proved false statements were made
falsity
A statement must be false to be libelous
substantial truth
small inaccuracies don’t make a statement false
Implication and innuendo
through implication, messages can be libelous
Negligence
The failure to exercise reasonable care; lowest level of fault for a plaintiff to receive damages
Avoid by: fact-checking, confirming info, ensuring fairness
New York Times v Sullivan
NYT ad - Heed Their Rising Voices
The Court reversed lower court decision against NYT because awarding libel too easily can choke off the free flow of information.
Higher standard for public officials to claim libel
Libel law constitutionalized
Actual Malice (2 components)
Knowledge of falsity: intent and knowing that something is false
reckless disregard for the truth: defendant entertained doubts about the truth of the publication
Curtis Publishing Co v Butts
reckless disregard for the truth; publication had time to do a more thorough investigation
AP v Walker
The news required immediate dissemination and the source was credible
Public officials
Serve the public. Must prove actual malice.
Public figures
Must prove actual malice
2 types:
-1. all purpose: a person who is widely recognized and written/spoken on a wide array of issues
-2. limited-purpose: forefront of particular issue
Involuntary public figure
Does not thrust his/herself into the public controversy, but rather is drawn into a given issue
private figure
not a public official or figure. must only claim negligence.
4 kinds of damages
Actual: plaintiff required to show monetary loss attributable to harm suffered
special: specific monetary figure involved
presumed: does not require plaintiff to produce evidence of harm
punitive: monetary penalty and punishment/discouragement
