Mass comm law

Question 1

What is the purpose for libel?

Answer 1

allows someone to pursue a claim for compensation if fallen to defamation.

Question 2

What is a chilling effect?

Answer 2

some laws make speakers and publishers less willing to talk.

Question 3

What are the elements of the libel plaintiffs case?

Answer 3

A statement of fact ( not opinion)
That is published

Of and concerning someone ( identification)

That injures the reputation of that person ( its defamatory)

That is false…
And the result of fault by the defendant

Question 4

Which one of the elements does the plantiff need to win the case ?

Answer 4

All of the above

Question 5

come back and edit each element

Question 6

Whats the problem with SLAPPS?
Strategic Lawsuits Against Public Participation

Answer 6

its abuse to the legal process

Question 7

Section 230 of the Communications Act of 1996 and how it applies to libel?

Answer 7

If you are not the publisher you can’t be sued for libel.

promotes free speech by removing strong incentives for platforms to limit what we can say and do online

Question 8

Libel Tourism

Answer 8

file outside the United States ( their reputation can be fricked in a diff country.

Question 9

trade libel

Answer 9

someone with a big following saying something detrimental about something or someone and followers listen and cause a detriment to their company.

April 16, 1996 “ Mad COW” show ( oprah winfrey)
- Evidence “ just stopped me cold from eating another burger. Im stopped”
Texas beef group, et al v Oprah WInfrey, et al, 11F Supp 2d 858 ( 1998)
DR.Phil serviced consultants in courts ( what to say what not to say)

Question 10

group libel

Answer 10

The larger the group the less likely the individual is identified ( opposite is smaller)

Question 11

New York Times v. Sullivan and its importance?

Answer 11

The Court held that the 1st Amendment protects all the statement, even false ones, about the conduct of public official except when the statement is made with actual malice.

Question 12

Actual Malice

Answer 12

Knowing the information was false and still published it or
Reckless disregard for the truth

Question 13

what is the elements for actual malice

Answer 13

that the defendant either knew that the statement was false at the time, or else demonstrated “reckless disregard” as to its falsity.

Question 14

who proves malice in libel cases

Answer 14

public figures and officials important people

Question 15

how public figure is defined

Answer 15

Actual malice applied to public figures starting in 1967

Government employees, celebrity

they are someone with persuasive power

Question 16

The fair report privilege?

Answer 16

protects the news media from being successfully sued for libel when they publish fair and accurate accounts of information contained in official documents or statements made during official proceedings.

Question 17

The opinion defense

Answer 17

protects individuals from being held liable for defamation in cases where the statements made were opinions rather than false statements of fact.

Question 18

The single mistake rule

Answer 18

a rule that says it is not libelous to accuse a professional person or businessperson of making a single mistake because that is not enough to lower person’s reputation

Question 19

substantial truth
neutral reportage
wire service

Answer 19

substantial truth- a statement is not false if the substance, the gist or sting of the statement is true

neutral reportage- accurate reporting of reputation- damaging accusations made by prominent, responsible organization about a public figure is protected by the 1st amendment
What is newsworthy about the accusations is simply they were made.

wire service- if a news organization uses more than one wire service expecting it to be reliable , if there is something problematic in the publication. The news organization just says they used the WSD so it has to be reliable.

Question 20

bootstrapping

Answer 20

The practice of a libel defendant that claims the plaintiff is a public figure solely on the basis of the material that is the basis of the lawsuit.
It is a forbidden practice
For a libel plaintiff to be declared a public figure, he/she must have attained public status prior to publication of the material that he/she is suing

Question 21

Oprah winfrey libel case

Answer 21

Texas beef group, et al v Oprah WInfrey, et al, 11F Supp 2d 858 ( 1998)

April 16, 1996 “ Mad COW” show ( oprah winfrey)

Question 22

statutes of limitation

Answer 22

A one-year statute of limitation applies to libel actions

Question 23

libel vs privacy laws

Answer 23

LIBEL: Protects reputation, nature of content is false and depends on content, AZ Statute of limitation is one year

PRIVACY: Protects peace of mind, feelings and right to be alone, nature of content can be true and may depend on content, AZ STATUTE takes two years

Question 24

The ollman case

Answer 24

-a four part test to determine whether a statement should be regarded as the assertion of a fact or as simply the speaker’s or writer’s opinion

Ollman v Evans ( 1984)- Not a supreme court case ( carries weight tho)
“ The Marxist Professor’s Intentions” by Rowland Evans - Robert Novak
College professor who was a marxist at new york university
University of maryland applied for the professor job and ollman got it
Marxist professor that close to DC head of science evans and novak wasnt right
Ollman felt that the column plus the specific paragraph was libel
Opinion
The” Ollman test”
Verifiability
common/ordinary meaning
Journalistic context
Social context
( if they can’t be proven true or false it is most likely considered an opinion)
Appeals rule against Ollman

Question 25

elements of the ollman test

Answer 25

Verifiability
common/ordinary meaning
Journalistic context
Social context

Question 26

how the U.S. Supreme Court ruling in the Milkovich case clarified the meaning of opinion

Answer 26

The court says: there is not a “wholesome defamation exemption for anything that might be labeled “ opinioned””

Question 27

categories of damages

Answer 27

Actual or compensatory challenges
Amount awarded for actual and real loss or injury
Special
specific ( or tangible) items of economic loss resulting from special circumstances or conditions
Punitive ( go for the big bucks here)
When the wrong done to the plaintiff is due to willful, malicious or outrageous conduct.

Question 28

how and when the idea that the law should protect privacy began in the U.S

Answer 28

HArvard Law review Article, “ The Right to Privacy,” 1890
By Samuel Warren & Louis Brandeis

Question 29

the four kind of privacy laws

Answer 29

Intrusion of Solitude. Appropriation of Name or Likeness. Public Disclosure of Private Facts.

false light - Portraying people as something which they are not.
Appropriation- Taking a person’s name, likeness, picture, image, voice or identity without permission for commercial advantage.
Publication of private facts- Unwarranted publicity about private or embarrassing facts
Intrusion- Intruding upon the seclusion or solitude of an individual

Question 30

• the general principles of each
• the differences between them
• the kinds of circumstances that apply to each one
• how and when actual malice may be applied to privacy

4 privacy laws

Question 31

transformative test

Answer 31

has the image ( of plaintiff ) been transformed into a work of art

artist says yes

Question 32

artistic relevance test

Answer 32

quote a famous person or name and using it wrongly

Parks v Laface Records (2003) - Rosa Parks
Court said title has no relevance to song
Comic book evoking images of edgar and johnny winter- Winter vs DC comics
Parody baseball cards - Cardtoons vs MLBPA (1996)
A painting of tiger woods

Question 33

booth rule

Answer 33

news media outlet can use existing interview content as long as there is no endorsements.

Question 34

the right to be forgotten

Answer 34

The right to have private information about a person be removed from the internet searches and other directories under some circumstances
Law in european union, philippines and blank

Question 35

sipple vs chronicle publishing

Answer 35

He was outed in a newspaper and he sues the publication in privacy and publication of private facts , the problem was he was out to most of his friends, he was concerned he would be outed to his family. ``

Question 36

how do the privacy laws address hidden cameras?

Answer 36

Dietemann v Time, Inc (1971)
Photographer took a photo of dietmanns unsolicited activities of doing work without a license.
Trial and Appeal : People have a reasonable expectation of privacy in their homes.

In public
Mark v KING Broadcasting(1980)
Took a video from the outside of the supermarket and the broadcaster decided to just take a pic
The owner decided to say it was intrusive but intrusion is something that is not easily accessible.
Deteresa v ABC (1997)
There is no reasonable expectation of privacy when talking with a journalist in plainsight
US v Jones (2012)
Gov obtained search warrants to secretly install a global positioning system tracking deceit on a criminal suspect’s vehicle to monitor his whereabouts and collect evidence.
No, this is not constitutional because the fourth amendment
Maryland v King (2023)

Question 37

can the government place a tracking device on a criminal car?

Answer 37

US v Jones (2012)
Gov obtained search warrants to secretly install a global positioning system tracking deceit on a criminal suspect’s vehicle to monitor his whereabouts and collect evidence.
No, this is not constitutional because the fourth amendmen

Question 38

intentional infliction of emotional distress

Answer 38

a statement somewhere that makes the plantiff full of distress

Question 39

 the Hustler-Falwell case, as discussed in class

Answer 39

The witness was senator jesse helms

basically the oriest did an intervuew and he used some of the interview in the ad but flipped some things and it was a paradoy so not real

Question 40

 the Snyder v. Phelps (Westboro Baptist Church) case, as discussed in class
 the elements of a “physical harm” claim

Answer 40

Members of the church in topeka kansas, members of the phelps family had a patriarch of the phelps church, Everyday of the year the members of the church go places around the country.
There was a infliction of emotional distress, invasio of privacy and libel
The picketers were on public land next to a public street that was approved for use by city and county officials, protected by law enforcement officers and 1000 feet from the church where funeral services were held.
The placards included:
God hates usa
Thank god for 9/11
Thank god for IED
FAg troops
Semper fi fags
God hates fags
Fags Doom Nation
- Snyder did not see any of the signs at the funeral
- INstead he saw them on TV after
His lawsuit was also based on a website posted by Westboro weeks after funeral
A jury held members of the westboro baptist church ( Phelps) liable for millions of dollars in damages for picketing near US marines funerals

Question 41

 the elements of a “physical harm” claim

Answer 41

Liability criteria
Negligence
Incitement ( harm, lawless action)
Foreseeability (of harm,lawless action) : Should the defendant have known harmful would result?
Proximate Cause ( direct relationship between the defendants actions and plaintiffs injury)