Chapter 6

Question 1

What are the two reasons a judge might dismiss a case before trial?

Answer 1

1. The plaintiff has not proven the necessary elements of libel
2. The defendant has a valid legal defense.

Question 2

Courts determine if a _______ could rule in favor of the plaintiff

Answer 2

Reasonable juror

Question 3

What is the time period within which a lawsuit must be filed?

Answer 3

Varies by state; usually 1 to 3 years for libel cases

Question 4

what are the four ways courts determine the publication date of a case?

Answer 4

1. Newspapers. - date printed on the paper.
2. Broadcast media. - date aired.
3. Magazines - date of mass distribution.
4. Online content. - date first posted.

Question 5

Where can a libel suit be filed?

Answer 5

Where the defamatory content was circulated

Question 6

The Calder Effects Test determines jurisdiction for internet defamation based on:

Answer 6

Where the content was directed
Where harm was caused
Where the content was accessed

Question 7

Truth

Answer 7

If the defamatory statement is true, it is not libel

Question 8

What are the two Privileged Communications?

Answer 8

Absolute Privilege and Qualified Privilege

Question 9

What does Absolute privilege protect?

Answer 9

Protect statements made in legislative, judicial, and executive proceedings

Question 10

What does qualified privilege protect?

Answer 10

Protects fair and accurate reports of government proceedings or documents

Question 11

fair comment and criticism

Answer 11

Protects opinions about public figures

Question 12

Neutral reportage

Answer 12

Protects journalist reporting newsworthy, but defamatory allegations from credible source

Question 13

consent

Answer 13

If the plaintiff agreed to the publication, they cannot sue

Question 14

Right Of Reply (Self-Defense)

Answer 14

If a person is defamed, they may respond with an equally defamatory statement

Question 15

Rhetorical Hyperbole

Answer 15

Exaggerated language that no reasonable person would believe is factual

Question 16

First Amendment Protection

Answer 16

Pure opinions cannot be proven true or false

Question 17

4 Part Oliman Test

Answer 17

1. Can the statement be proven true or false?
2. What is the common meaning of the words?
3. What is the journalistic context?
4. What is the social context?

Question 18

Compensatory Damages

Answer 18

Financial compensation for harm suffered

Question 19

General Damages (Actual Damages)

Answer 19

Compensations for reputational harm or emotional distress

Question 20

Special Damages

Answer 20

Compensation for specific financial losses

Question 21

Presumed Damages

Answer 21

Awarded even if no harm suffered

Question 22

Punitive damages

Answer 22

Monetary punishment to deter future wrongdoing

Question 23

Retraction Statues

Answer 23

Some states allow defendants to issue a retraction to limit damages

Question 24

Criminal Libel

Answer 24

Some states allow criminal prosecution for defamation.

Question 25

What can a person be charged for in criminal Libel?

Answer 25

1. Defaming the Dead 2. Inciting violence through defamatory speech

Question 26

Milkovich v. Lorain Journal

Answer 26

Established that a statement of pure opinion is protected only if it cannot be proven true or false

Question 27

Gertz v. Robert Welch, Inc

Answer 27

Differentiated between public figures (who must prove actual malic) and private individuals (who must prove negligence)

Question 28

** New York Times v. Sullivan

Answer 28

Established the "actual malice" standard for public officials

Question 29

Hustler Magazine v. Falwell

Answer 29

Ruled that public officials cannot sue for emotional distress from satirical or parody content

Question 30

** Ollman v. Evans

Answer 30

Created the Ollman Test to determine if a statement is fact or changed the meaning

Question 31

Masson v. New Yorker Magazine

Answer 31

Established that altering quotes can be libellous if it changed the meaning

Question 32

Summary Judgement

Answer 32

A judges ruling to dismiss a case before trial

Question 33

Statute of Limitation

Answer 33

Time limit for filing a libel lawsuit

Question 34

Jurisdiction

Answer 34

The location where a libel case can be filed

Question 35

Absolute privilege

Answer 35

Complete legal protection for speech in government settings

Question 36

Negligence

Answer 36

Failure to verify facts before publication

Question 37

Actual malice

Answer 37

Knowing falsehood or reckless disregarded for truth

Question 38

What are three of the major libel defenses?

Answer 38

1. Truth. 2. Privilege. 3. Fair comment.