Freedom Of Speech - Chapter 4

Front 1

Libel per se

Back 1

Context does not matter, has to do with defaming one's character, no matter what the context these statements are defamation:
(1) Criminality
(2) Disease
(3) Professional Reputation
(4) Sexual Immorality

Front 2

Libel per quod

Back 2

Context matters, the statement itself is not necessarily bad, however the context makes it inappropriate.

Front 3

Libel v. Slander

Back 3

Libel is written.
Slander is spoken.

Original distinction said that if something is written, it had more exposure therefore was more serious because traditionally something written did have more exposure, however new media complicates this greatly because spoken statements receive the same if not exposure.

Front 4

4 Basic Conditions required for a defamation suit

Back 4

(1) Defamation -- hurt my character/reputation
(2) Publication -- published somewhere
(3) Identiication -- must be clear who is being talked about
(4) Fault (in some cases) -- actual malice, must prove that it wasn't a mistake, meant to defame someone

Front 5

3 Common law defenses in defamation suits

Back 5

(1) Truth
(2) Tarnished Reputation (their reputation was already so tarnished)
(3) Privileged Communication

Front 6

New York Times v. Sullivan

Back 6

When you are criticizing a public official you have to show (if suing for defamation) actual malice

Front 7

Actual Malice Test

Back 7

(1) Publisher must have been known/aware that i was false.

OR

(2) Reckless disregard for the truth

Front 8

Public officials

Back 8

Someone who works on behalf of the state

Front 9

Public Figure

Back 9

Someone visible to public (see voluntary vs. involuntary)

Front 10

4 kinds of public figures

Back 10

(1) All Purpose
(2) Certain issues
(3) Voluntary -- you made a public stand, be ready for criticism
(4) Involuntary -- someone could involuntarily be caught up in a public issue, example: witness of a hate crime