Media Law Midterm

Question 1

Limited-purpose public figures

Answer 1

individuals who have thrust themselves into the forefront of public controversies in order to influence the resolution Ex: Greta Thumburg

Question 2

Negligence

Answer 2

Implies the failure to exercise ordinary care (doesn’t care if statement said is true or false)

Question 2

Public Officials

Answer 2

Individuals who work for the government in a place of authority Ex: Joe Biden

Question 3

Involuntary public figures

Answer 3

people who are drawn into public controversies rather than those who have thrust themselves into a public controversy voluntarily

Question 4

Actual Malice

Answer 4

knowledge of falsity or reckless disregard of whether the material was false or not

Question 5

Compensatory Damages

Answer 5

compensate the plaintiff for any injuries suffered at the hands of the defendant

Question 6

punitive damages

Answer 6

designed to punish and deter the defendant from engaging in the same conduct

Question 7

General damages

Answer 7

Damages are designed to compensate a plaintiff for intangible injuries such as reputational damage or emotional harm.

Question 8

special damages

Answer 8

Damages that can be awarded to a plaintiff in a lawsuit upon proof of specific monetary loss.

Question 9

presumed damages

Answer 9

Damages a plaintiff can get without proof of injury or harm.

Question 10

actual damages

Answer 10

Damages awarded to a plaintiff in a lawsuit based on proof of actual harm to the plaintiff.

Question 11

Four areas of privacy law

Answer 11

appropriation of one’s name and likeness
Intrusion upon individuals solitude
Public disclosure of private facts
Publishing material that puts someone in false light

Question 12

Appropriation

Answer 12

In the law of privacy, use of a person’s name or likeness without consent for advertising or trade purposes.

Question 13

Intrusion

Answer 13

An invasion of privacy is committed when one individual intrudes upon or invades the solitude of another individual.

Question 14

false light

Answer 14

That portion of privacy law prohibits all publications or broadcasts that falsely portray an individual in an offensive manner.

Question 15

publication of private information

Answer 15

In privacy law, publicizing embarrassing private information about an individual that is not of legitimate public concern. More than one person must see or hear this information.

Question 16

NYT v. Sullivan

Answer 16

This case is about a full-page ad alleging the arrest of Rev. Martin Luther King Jr. for perjury in Alabama. The false statement’s intention was to destroy King’s effort to integrate public facilities and encourage black Americans to vote. Mr. Sullivan, the Montgomery city commissioner, issued a LIBEL SUIT against NYT and 4 blacks listed as endorsers of the ad, claiming that the allegations against Montgomery police defamed him personally. However, Sullivan DIDN’T HAVE TO PROVE THAT HE HARMED UNDER ALABAMA LAW.

Question 17

Michovich v. Lorain

Answer 17

a brawl broke out at a wrestling match and Lorain said that Milkovich is a liar and that he was the one who started the brawl, sued for defamation of character news paper lost because it was provable

Question 18

Gertz v. Welch

Answer 18

After a jury found a police officer guilty of murder, the victim’s family retained Elmer Gertz, a Chicago attorney, to bring a civil action against the officer. Gertz was an attorney hired by a family to sue a police officer who had killed the family’s son

Question 19

Private person

Answer 19

must prove negligence and actual malice

Question 20

Republication or Rebroadcast

Answer 20

A news organization has the right to republish and promote themself

Question 21

Defense to appropriation

Answer 21

consent: becomes invalid if Legal Capability Number of years within a time frame/Substantially altered material

Question 22

False Light

Answer 22

presenting someone in a light that they are not

Question 23

Shulman Case

Answer 23

Helicopter case the nurse had a wiretap and was asking the person harmed personal questions
-Reasonable expectation of privacy in the helicopter and at the accident scene so violation of intrusion

Question 24

Rawl’s
Veil of Ignorance

Answer 24

If we were to all wear a veil we would not be able to determine male vs women, race, etc. be neutral with everyone we talk to (distribute justice fairly for everyone) Elevates our personal liberty to speak, power to weak members of society

Question 25

Parody

Answer 25

If it is this form of media it is not defamation everyone will know that it is far from the truth and for comedy

Question 26

Fair Comment and Criticism

Answer 26

If you put yourself out there for public consumption the public has the right to comment: food critic, movie critic

Question 26

Things to take into account about Opinion

Answer 26

-Is the statement provable as true or false?
- What is the ordinary or common meaning of the words
-What is the journalistic context of the remark
-What is the social context of the remark

Question 27

Rhetorical Hyperbole

Answer 27

not necessarily provable

Question 28

Privileged Communications

Answer 28

Privileged Communications
A closer look at two defenses
Privileged Communications
Absolute privilege
Official government forums
Qualified privilege
-Official government reports or records
Abuse of privilege
Lose privilege if the story is unfair, inaccurate, or unbalanced

Question 29

libel proof

Answer 29

if the plaintiff reputation is so bad that any false statement could not lower that person in the eyes of the community any further. The thought is that such a plaintiff’s claim must fail because that plaintiff has suffered no harm as a result of the false statement.

Question 30

What must the plaintiff prove?

Answer 30

-Publication
-Attribution: tying what someone said to a particular person

Question 31

Plaintiff has to prove, the defendant only has to prove

Answer 31

everything, one area