Mass comm law Flashcards
(41 cards)
What is the purpose for libel?
allows someone to pursue a claim for compensation if fallen to defamation.
What is a chilling effect?
some laws make speakers and publishers less willing to talk.
What are the elements of the libel plaintiffs case?
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
Which one of the elements does the plantiff need to win the case ?
All of the above
come back and edit each element
Whats the problem with SLAPPS?
Strategic Lawsuits Against Public Participation
its abuse to the legal process
Section 230 of the Communications Act of 1996 and how it applies to libel?
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
Libel Tourism
file outside the United States ( their reputation can be fricked in a diff country.
trade libel
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)
group libel
The larger the group the less likely the individual is identified ( opposite is smaller)
New York Times v. Sullivan and its importance?
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.
Actual Malice
Knowing the information was false and still published it or
Reckless disregard for the truth
what is the elements for actual malice
that the defendant either knew that the statement was false at the time, or else demonstrated “reckless disregard” as to its falsity.
who proves malice in libel cases
public figures and officials important people
how public figure is defined
Actual malice applied to public figures starting in 1967
Government employees, celebrity
they are someone with persuasive power
The fair report privilege?
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.
The opinion defense
protects individuals from being held liable for defamation in cases where the statements made were opinions rather than false statements of fact.
The single mistake rule
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
substantial truth
neutral reportage
wire service
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.
bootstrapping
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
Oprah winfrey libel case
Texas beef group, et al v Oprah WInfrey, et al, 11F Supp 2d 858 ( 1998)
April 16, 1996 “ Mad COW” show ( oprah winfrey)
statutes of limitation
A one-year statute of limitation applies to libel actions
libel vs privacy laws
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
The ollman case
-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
