Test 2 Flashcards
(56 cards)
libel
written defamation (published - expanded in the digital age)
Slander
Spoken defamation
Defamation
Communication that tends to harm someone’s or something’s reputation.
-The key is falsity, key to libel
Food Lion V. Capital Cities/ABC
(not in textbook and libel)
-Not USSC, 4th court of appeals
-Undercover reporter exposed mishandling of food at food lion
-Food lion wins for trespassing
-Court acknowledged food lion couldn’t sue for libel but wanted to still punish ABC
Libel History
Comes from Roman and English common law. Your reputation is valuable and you can receive compensation if it’s damaged
Basic elements of libel
-Defamatory statement that is false
-Identifies its intended victim
-Is broadcast or published (disseminated)
-Actual malice or negligence
-Proof of damages
Who can sue for libel?
Any living person, private entity (i.e. corp), gov officials, small groups, individuals in a group
Groups suing for libel
Group must be small enough so that all members can prove their reputation was damaged by libelous statement or libelous statement must refer to the individual who is suing
Libel per se
Word themselves are defamatory i.e calling someone a murderer
Libel per quod
Words themselves not defamatory; listener needs more info to understand the words to be defamatory i.e. saying someone is dating someone when others know they are married - cheating is implied
Fellows v. National Enquirer
The Enquirer published an article falsely implying that Arthur Fellows was dating actress Angie Dickinson. Fellows demanded a correction, but the Enquirer rejected it.
Identification in libel
At least some of the audience must understand who the defamatory statement refers to
Dissemination in libel
Broadcasted or published-
occurs when someone other than the speaker and intended victim see the defamation
Someone who furthers dissemination of defamation
Can be sued for libel
Fault in libel
Public figures must prove actual malice (sullivan)
Private person must prove negligence (Gertz v. Welch)
Key question in libel lawsuits
status of the plaintiff, determines if you should settle, gets answered during pre trial
Breathing Space
Mass media needs it in their handling of controversial topics; errors inevitably occur in robust debate
Actual malice requirements apply to
minor public figures too
Limited purpose public figure
People who have thrust themselves into the public
All purpose public figures
High ranking elected officials, celebrities, religious leaders, business leaders
Curtis publishing co V. Butts
Lost because it wasn’t a pressing news story and and they only used one source
AP v. Walker
AP wins because its late breaking news and sullivan precedent
St.Amant v. Thompson
Actual malice means more than just merely failing to investigate
New York Times v. Sullivan
Unanimous decision for the times
-Brennan- 3 reasons why the decision couldn’t stand
1. discourage press from covering controversial issues
2.gov censorship through civil libel lawsuits
3.mass media needs “breathing space”
