Com Law Exam 2

Front 1

Elements of libel law

Back 1

Publication, Identification, Defamation, Falsity, Fault.

Front 2

Publication

Back 2

The libel was published

Front 3

Identification

Back 3

Plaintiff can be identified. Fictionalization is not a defense.

Front 4

Defamation

Back 4

plaintiff must prove that there is a “defamatory” meaning

Front 5

Falsity

Back 5

Must be able to prove the statement is false

Front 6

Fault

Back 6

constitutional requirement in media cases that plaintiff must prove some degree of wrongful conduct when suing for libel

Front 7

Public officials and public figures

Back 7

must prove actual malice to win their lawsuits and collect any damages

Front 8

Private persons

Back 8

Must prove at least negligensce

Front 9

What is a Public official?

Back 9

least those among the hierarchy of government

Front 10

What is an all-purpose public figure?

Back 10

1. Occupy positions of such pervasive power and influence that they are deemed public figures at all times

Front 11

What are limited purpose public figures?

Back 11

public controversy before broadcast or publication + voluntarily injected + attempt to affect outcome

Front 12

Negligence

Back 12

1.) Negligence: failure to exercise reasonable care
a. Similar to actual malice but lower threshold
b. What source said v. what was reported
c. Verification?
d. Subject of allegation contacted?
e. Courts always ask: Did the reporter make a good faith effort to determine the truth or falsity of the matter?

Front 13

Actual Malice

Back 13

knowledge of falsity or reckless disregard for the truth

Front 14

Harlan Criteria

Back 14

Determines reckless disregard for the truth

o Whether there was time to investigate the story or whether the material had to be published quickly
o Whether the source of the information appeared to be reliable and trustworthy
o Whether the story itself sounded probable or farfetched

Front 15

Absolute privilege

Back 15

Immunity from libel suits granted to government officials and others based on remarks uttered or written as part of their official duties

Front 16

Qualified privelege

Back 16

most important libel defense for journalists
• Protects publication of allegedly libelous information that comes from privileged sources
o Official government meetings and official government reports

Front 17

Rhetorical Hyerbole

Back 17

o Language so expansive that the reader or listener knows it is only an opinion, that it is not an assertion of fact
 The tone of the language is usually key
 Often includes satire and/or parody

Front 18

The First Amendment

Back 18

o Can the statement be proved true or false?
o What is the common or ordinary meaning of the words?
o What is the journalistic context of the work?
o What is the social context of the remark?

Front 19

Fair commeent and criticism

Back 19

o The common law defense for opinion (oldest defense)
o Legal limbo
 Is it an opinion?
 Is it a subject of legitimate public concern?
 Is there a factual basis for the comment?