Com 403 Chapter 5

Front 1

New York Times v. Sullivan (U.S. 1964)
(3 Firsts)

Back 1

First time a libel plaintiff had to prove that the defendant was at fault
First time U.S. Supreme Court addressed 1st Amendment dimensions of libel law
First use of actual malice and public official standards in finding burden of proof for fault in a libel case

Front 2

Private persons (when suing the media for libel) must prove

(1 of 2)

Back 2

*Negligence*
Failure to exercise reasonable care

Front 3

Public persons (when suing the media for libel) must prove

(2 of 2)

Back 3

actual malice
Knowledge of falsity
Reckless disregard for truth or falsity

Front 4

All persons suing the media for libel must prove that the defendant

Back 4

was at fault

Front 5

in a libel suit

Back 5

Public persons have to prove a _____ level of fault
~Actual malice harder to prove than negligence

Front 6

No definition of “private person” from courts

Back 6

Anyone who has not been deemed a public person during court arguments

Front 7

Gertz v. Welch (U.S. 1974)

Back 7

established the standard of First Amendment protection against defamation claims brought by private individuals
Court held that, so long as they do not impose liability without fault, states are free to establish their own standards of liability for defamatory statements made about private individuals.

Front 8

Negligence
(1 of 2)

Back 8

Must be proven by private person when suing for libel

Front 9

Negligence
(2 of 2)

Back 9

Failure to exercise ordinary care
-Reliance on untrustworthy source
-Poor reading of documents
-Failure to check an obvious source
-Careless writing and/or editing

Front 10

Actual Malice

Back 10

Must be proven by public person when suing for libel

Front 11

Knowledge of Falsity

Back 11

Lying or publishing a statement known to be a lie
Sufficient evidence of serious concerns about falsity before publication
High degree of awareness of probable falsity of material when published

Front 12

Reckless Disregard for Truth or Falsity

Back 12

Not knowing if a statement is true or false, and not investigating

Front 13

Curtis Publishing Co. v. Butts (U.S. 1967) / AP v. Walker (U.S. 1967)

Back 13

established the standard of First Amendment protection against defamation claims brought by private individuals.
Held that, while news organizations were protected from liability when printing allegations about public officials under the Supreme Court's New York Times Co. v. Sullivan decision (1964), they may still be sued by public figures if the information they disseminate is recklessly gathered and unchecked.

Front 14

Burden of proof for plaintiff

Back 14

Must prove actual malice with “clear and convincing evidence”
More than “preponderance of evidence” from the rest of civil law
Circumstantial evidence is often necessary

Front 15

Intentional Infliction of Emotional Distress

Back 15

A possible alternative to proving Actual Malice
Burden of Proof
-Defendant’s conduct was intentional or reckless
-Defendant’s conduct was extreme or outrageous
-Plaintiff suffered emotional distress
-The emotional distress was severe

Front 16

Hustler Magazine v. Falwell (U.S. 1988)

Back 16

1st Amendment protection for journalists and satirists