J300 Comm. Law

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Statements made by public officials in performing duties

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Absolute Privilege

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Statements made during judicial or legislative proceedings: like Congress

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Absolute Privilege

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Statements between spouses

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Absolute Privilege

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Statements in fair and accurate media reports of government proceedings or public meetings

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Conditional Privilege

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Unqualified immunity from liability for libel (regardless of plaintiff's knowledge or intent)

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Absolute Privilege

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Qualified immunity from liability for libel (except for statements made with actual malice)

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Conditional Privilege

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statements reporting on public matters

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Conditional privilege

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Statements made to police

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Conditional Privilege

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Statements to promote common interest, or to protect or further anyone's legitimate interest (like a job reference)

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Conditional Privilege

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What kind of privilege is Fair Report Privilege?

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Conditional Privilege

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What is Fair Report Privilege?

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Conditional Privilege against liability for defamation.

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Fair and accurate news reports are what?

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Fair Report Privilege

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When a statement is based on information obtained by an "official" government record or during and "official" proceeding.

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Fair Report Privilege

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When this statement identifies the source of the information in the report.

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Fair Report Privilege

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This kind of report protects media from liability for reporting defamatory statements contained in official reports or made during official proceedings

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Fair and Accurate news reports

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Allows you to report accurately and fairly on false and defamatory statements other people have said in official reports or during official proceedings/ records.

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Fair and Accurate News Reports

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This conditional privilege against liability for defamation statements

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Fair Comment & Criticism

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Relating to public matters (public officials/ figures/ acts)

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Fair Comment & Criticism

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Based on facts that are honestly believed to be true

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Fair comment and criticism

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Honestly express the author's opinion

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Fair comment & criticism

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Do not contain imputations or dishonorable motives except as warranted by the facts.

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Fair comment and criticism

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If you acted with actual malice, what kind of privilege would you lose?

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Conditional Privilege

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This kind of speech does not qualify as defamation in the first place

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Opinion Speech

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First Amendment protects expressions of ________________

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Opinion

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_____________ speech cannot qualify as defamation at all.

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Opinion

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Is statement verifiable (capable of disproof)?

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Opinion

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What is the common usage or meaning of the words?

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Opinion

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What is the media context in which statement occurs?

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Opinion

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What is the broader social context of the statement?

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Opinion

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Statement that is capable of having more than one meaning, and one of the meanings is innocent

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Innocent construction rule

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What is used when a joke or innocent meaning comment about someone

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Innocent construction rule

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First Amendment defense for false and defamatory statements reported in news stories... where a news outlet or journalist runs a story that is newsworthy and related to a public controversy;

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Neutral Reportage

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When a statement is about a public official figure, or organization

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Neutral Reportage

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Statement is made by a responsible person or group

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Neutral Reportage

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Accurate and Balanced by other views or denials

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Neutral reportage