Exam #2 Flashcards
(27 cards)
Libel
Meant to protect an individual
SLAPP Suits
Strategic Lawsuits Against Public Participation– Meant to silence critics
Burden of Proof (B.O.P.)
Rests with the plaintiffs 6 Element: 1. Statement of Fact 2. That is Published (<--3rd Party) 3. Identification (Group Identification, Identification Fiction) 4. Defamation (-Libel per se, -Libe per quod) 5. that is false 6. Fault
**New York Times VS. Sullivan–1964
L.B. Sullivan: Police Commissioner of Montgomery, Ala.
Actual Malice
Knowledge of Falsity OR Reckless disregard of truth
1967–Curtis Pub. Co. Vs. Butts
Curtis Pub. accused Butts of fixing a 1962 Georgia -Alabama football game
1967–A.P. Vs. Walker
Walker was charging with a crowd of people at the University of Mississippi over the enrollment of black people.
Private Figures have to prove what?
Negligence
Damages
Actual-Most Common
Special-Exact Monetary Loss
Putative-Punish Defendant “Smart” Money
Libel Defenses
- Truth
- Fair Report Privilege (Fair & Accurate) Qualified Privilege
- Fair comment & Criticism–Reviews
- OPINION–ALLMAN CASE (ALLMAN VS. EVANS)
- IS IT VERIFIABLE?
- COMMON MEANING/USAGE
- JOURNALISTIC CONTEXT
- SOCIAL CONTEXT
- LETTERS TO EDITOR—-USUALLY
- Rhetorical hyperbole, satire and parody
- Neutral Reportage
National Audubon Society Case (Edwards V. National Audubon Society) - Wire Service Defense
- Libel-Proof Plaintiff (Charles Manson)
4 forms of Privacy Tort (1960 William Posser)
- False Light
- Appropriation
- Intrusion
- Private Facts/Disclosures
False Light
(Non-Defamation Falsehood)
1967- Time, Inc. Vs. Hill
1974-Cartrell Vs. Forest City Publishing Co.
DEFENSES: Truth, Actual Malice
Appropriation
Commercialization-A personal right-Newsworthiness
Right of Publicity- A Property Right
1965–Griswold V. Conn.
William Douglas (7/1 vote) amendments 1,3,4,5,9,14
Intrusion
Newsgathering, wrong
Publication NOT Necessary
(Jackie Kennedy Onassis)
Private Facts/ Disclosing
Intimate, Highly Embarrassing
Open Public Record
Cox Vs. Cohn 1977–Rape Case
Newsworthiness–>Passage of time doesn’t take it away
Outrage/Unconscionability
William J. Sidis–>Magazine did “Where are they Now” Sidis Suse mag. and looses
DEFENSE: Open public records,Newsworthiness up to the point of community outrage
Lake V. Wal-Mart–1998 (MN Supreme Court)
Lake suses for invasion of privacy–>loses twice
Pictures of showering with another woman on spring break
(Appropriation, Intrusion, Private Facts)
Intentional Infliction of Emotional Distress
Media ACTIONS Key Outrageous/Extreme Public Figures, Public Officials---> Actual Malice CAUSED distress Defense: None Hustler Mag. Vs. Falwell
Negligent Inflictions of Emotional Distress
- Defendants Duty to use Due Care
- Defendant BREACHED THAT DUTY
- CAUSED the INJURY
- Breach was PROXIMATE CAUSE of severe emotional distress
Physical Harm
- Negligent
- Foreseeability
- Proximate Cause
Incitement
Imminent Danger
Speech —> | |–> Action
Amendment 1
Congress Shall Make No Law respecting the establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceable to assemble, and to petition the government for a redress of grievances.
Amendment 3
No one can be in your house without your consent
Amendment 4
Can not be unreasonably searched on their persons, houses, paper, and effects.
