Law Vocab

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Reputation

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what others think or a person or entity

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Slander

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spoken defamation. However, in most states, defamation spoken on broadcast stations or in motion pictures is considered libel

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Defamation

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injury to reputation

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Burden of Proof

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The responsibility imposed on one side in a legal conflict to prove its version of the facts

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Restatement (second) of Torts

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A publication of the American Law Institute that attempts to provide a comprehensive statement of the law of torts

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Libel

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printed, or in some states, broadcast defamation

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Product Disparagements or Trade Libel

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Intentionally defaming product quality causing the product manufacturer to lose money

Front 8

Common Law Malice

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in libel, publication with improper motive such as hatred, spite, vengeance, or ill will. Proof of common-law actual malice has traditionally defeated common-law defenses such as the reporter’s privilege to report official proceedings and fair comment and opinion. Proof of common-law actual malice also is often required by persons suing for trade libel or libel per quod

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Actual Malice (New York Times Malice)

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In libel, publication with the knowledge of falsity of a story or with reckless disregard for the truth. The U.S. Supreme Court has said that both public official and public figures must prove actual malice in order to win libel cases

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Innocent Construction Rule

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A rule stating that material must be defined as innocent rather than defamatory if an innocent construction is possible (Cartwright v. Garrison)

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Innuendo

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implied defmation

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Common Carrier

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In communications, a regulated monopoly, guaranteed profits by the government that is expected to provide message delivery service to anyone for a fee, without interfering in the content of the message

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Fault

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frequently used to mean the media error that the plaintiff must prove to win a bible suit. Plaintiffs who are judged to be public officials or public figures must prove New York Times actual malice. Individual states can determine the level of fault that must be proven by other plaintiffs, but most states have chosen negligence

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Negligence

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not acting as a reasonable person would. In some states a journalist not acting as a reasonable journalist would.

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Seditious libel

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defaming the government

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Public Figures

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the U.S. Supreme Court has said that people become public figures for the purpose of libel suits only if they (1) posses widespread fame or notoriety or (2) have injected themselves into the debate of a controversial public issue for the purpose of affecting the outcome of that controversy.

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Actual Damages

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money awarded in a libel suit to a plaintiff who can demonstrate evidence of harm to reputation. Actual damages can include evidence of emotional distress as well as proof of monetary loss.

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Special Damages

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money damages compensating for the loss of reputation that are awarded only on proof of out-of-pocket monetary loss

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Punitive Damages

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- money damages awarded to punish a defendant rather that to compensate a plaintiff for loss of money or reputation

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Summary Judgment

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a ruling by a judge that there is no dispute of material fact between the two parties in a case, and that one party should win the case as a matter of law. It precludes the need for a trial

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Statute of Limitations

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time limits established by statue during which lawsuits may be filed or criminal charges brought

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Absolute Privilege

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a libel defense protecting false and defamatory statements made by certain individuals, such as government officials acting in their official capacities, or in certain documents, such as those filed with courts( also if consent is given or under equal opportunities act section 315 for broadcasters)

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Qualified Privilege

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a journalist’s libel defense based on another’s absolute privilege. A qualified privilege may be lost if the story is not fair and accurate or if the defamatory statements are not accurately attributed (common law defense) (justified by publics need to be informed about government actions) (protected from libel if accurate reports on legislative, judicial and executive proceedings without ill-will)

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Neutral Reportage

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a libel defense in a few jurisdictions. Neutral reportage may be found if the defamatory charges are newsworthy and related to a public controversy, made by a responsible person or organization about a public official or public figure, and accurately and neutrally reported, and if the story includes opposing views

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SLAPP Suits (Strategic Lawsuit Against Public Participant)

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libel suits filed against citizen’s activists to stop political expression

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Participant Monitoring

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secret recording or transmitting of a conversation in which one party to the conversation is aware of the recording

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Color of Law

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Journalists and others act under color of law when they willingly act in concert with officials, becoming like officials themselves.