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83 Cards in this Set
- Front
- Back
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Defamation
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expression that tends to damage a person's standing in community thru words that attack character or professional abilities
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Libel
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written or printed defamation
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Slander
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spoken defamation
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Crime
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defamatory on its face
Donaldson v Washington Post, Agnew v Hiatt, Snider v Nat'l Aud. Soc'y, Robert v Post-Standard |
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Occupation
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corruption, unethical practices, professional incompetence
Crinkley v Dow Jones & Co, Kaplan v Newsweek |
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Business
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claiming poor service, have committed crime, language asserting cheat their customers, are financially unstable
Steaks Unltd v Deaner, Dun & Bradstreet, Inc v Greenmoss Builders, Inc, Brown & Wmson Tobacco Corp v Jacobson, Hentel v Alfred A Knopf Inc |
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Product disparagement/Trade Libel
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Doesn't libel company
Must prove financial loss & actual malice Diefenderfer v Totman, Bose Corp v Consumers Union of US, Engler v Winfrey |
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Plaintiff's Burden of Proof
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1. Defamation
2. Identification 3. Publication 4. Fault 5. Falsity 6. Personal harm |
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Common Law Malice
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intent to do harm
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Actual Malice/NYT Malice
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knowledge of falsity or reckless disregard for truth
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Character, Habits, Obligations
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Lal v CBS, Brown v DuFrey, Gazette Inc v Harris, Burnett v National Enquirer
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Politics, Religion, Race
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Phoenix Newspapers v Church, Holy Spirit Ass'n v Sequoia Elsevier Pub. Co.
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Humor & Ridicule
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Libelous if suggests person doesn't deserve respect
Cardiff v Brooklyn Eagle Inc |
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Forms of Libel
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Words
Implication, Innuendo, Circumstance Headlines Photos |
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Libelous per se
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words defamatory on their face - have clear, unambigious, agreed upon meanings
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Innocent Construction Rule
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(one state) language should be considered nondefamatory if it can be read that way
Cartwright v Garrison |
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Words
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Cartwright v Garrison, Ladany v William Morrow & Co, Oliver v Village Voice, Inc
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Implication, innuendo, Circumstance
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Memphis Pub Co v Nichols
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Libel per quod
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In some states: libel by implication or innuendo
More frequently: libel that is apparent only to readers who know facts not included in story |
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Headlines
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Fernandes v Tenbruggencate
Forrest v Lynch |
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Photos, etc.
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Marbardi v Boston Herald-Traveler Corp, Drotzmanns, Inc v McGraw-Hill Inc
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Identification
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Plaintiffs must prove defamatory language is "of and concerning them" individually
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Identification
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Little Rock Newspaper v Fitzhugh, Liquori v Republican Co, Summerlin v Washington Star Co, Eyal v Helen Broadcasting Corp, Geisler v Petrocelli
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Group Libel
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KFC v Sanders, Fawcett Pub Inc v Morris, Lins v Evening News Ass'n, Arcand v Evening Call Pub Co, Neiman-Marcus Co v Lait
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Publication
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Plaintiffs must prove libel is communicated to someone beyond the defamed
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Online Publishers
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Section 230 of Telecomm Act
Zeran v AOL, Blumenthal v Drudge, Barrett v Rosenthal, Fair Housing v Roommates.com |
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SPEECH Act
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2010 - law prohibiting federal courts from enforcing foreign libel judgments that First Amnd wouldn't allow in US
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Fault
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Plaintiff must prove a medium erred in preparation of the story
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Fault for Private Plaintiffs
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Negligence
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Fault for Public Officials & Figures
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Actual Malice
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Strict Liability
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Journalists were liable for defamation simply because they libeled someone
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Seditious Libel
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criticism of gov't officials under English common law - always proclaimed to be false, scandalous, and malicious
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Trade Libel/Product Disparagement
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Must:
Meet burden of proof Provide financial loss Prove malice |
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Alien & Sedition Acts
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prohibited any conspiracy to oppose gov't and any false, scandalous and malicious writing against gov't or gov't officials
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NYT v Sullivan
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public officials must prove actual malice
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Public Officials
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persons elected to public office and nonelected gov't employees w/policy making powers
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Rosenblatt v Baer
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public officials are defined
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Garrison v Louisiana
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criticizing official conduct of public official is protected
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Ocala Star-Banner Co v Damron
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Any accusation that a public official had commited a crime was related to person's fitness for office
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Curtis Publishing Co v Butts
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extended NYT malice requirement to public figures
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Public Figures
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those who are intimately involved in resolution of important public questions or, by reason of fame, shape events in areas of concern to society at large
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Rosenbloom v Metromedia Inc
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extended NYT malice requirement to private plaintiffs involved in an issue of public importance
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Gertz v Welch
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case that defined public figures
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All-purpose Public Figures
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people with special prominence in society - those who exercise general power or influence and those who occupy a position of continuing news value
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Limited/Vortex Figures
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People who inject themselves into public controversy to affect its outcome
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Waldbaum v Fairchild Publications
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case that defined public controversy as real dispute over specific issue
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Time Lapse
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does public figure become private person over time?
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Street v NBC
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plaintiff, still public figure 50 years later, sued over docudrama involving what made her public figure in first place
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Reckless disregard for truth
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high degree of awareness of probable falsity
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Harte-Hanks Comm v Connaughton
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news deliberately evaded truth - reckless disregard - when paper relied on questionable source and failed to investigate - didn't listen to tape
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Knowing falsehood
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Cantrell v Forest City Pub Co, Goldwater v Ginzburg, Burnett v Nat'l Enquirer
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Masson v New Yorker
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writers must be left leeway to recreate quotes that reflect substance if not exact words spoken in an interview
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Herbert v Lando
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First Amnd doesn't bar inquiry into editorial process
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Negligence
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average person standard or professional standard
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Negligence
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Jones v Sun Pub Co, Liquori v Republican Co
Karp v Miami Herald Pub |
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Wire Services and Live Transmission
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media usually not defamatory if they publish this w/o checking facts
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Wire Services
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Appleby v Daily Hampshire Gazette, Howe v Detroit Free Press, Adams v Frontier Broadcasting Co
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Falsity
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all plaintiffs must prove this
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Philadelphia Newspapers v Hepps
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case - private persons involved in matters of public interest must prove falsity
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Dun & Bradstreet v Greenmoss Builders
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private plaintiffs involved in matters of public concern don't have to prove actual malice to gain punitive damages
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Presumed Damages
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loss of reputation that defamation is presumed to cause
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Actual Damages
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awards for loss of good name, shame, humiliation, and stress
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Special Damages
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lost revenue, other out of pocket losses
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Punitive Damages
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used to punish libeler
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Summary Judgment
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if judges are satisfied before trial that plaintiffs can't prove their cases they may terminate the case before trial
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Statues of Limitations
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plaintiffs must file a suit within a specified period (one to two years from date of publication)
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Exaggerated & Figurative Terms
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Greenbelt Coop Pub Ass'n v Bresler, National Ass'n of Letter Carriers v Austin
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Pure Opinion
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opinions based on fact
Phantom Touring v Affiliated Publications |
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Totality of Circumstances
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test to distinguish fact from opinion
1. common usage or meaning of words 2. whether a statement is verifiable 3. social context 4. linguistic context 5. format of statement |
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Absolute Privileges
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gov't officials, consent, broadcasts by political candidates
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Privilege for Gov't Officials
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Barr v Matteo
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Consent
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Langford v Vanderbilt U
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Privilege for Broadcasts by Political Candidates
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Farmers Edu and Coop Union of America v WDAY
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Qualified Privileges
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Reporters privilege in official proceedings if fair and accurate
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Official proceedings
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L: Shafer v Lamar Pub Co, Swede v Passaic Daily News
E: Kilgore v Younger, Rogers v Courier Post Co, Pearce v Courier-Journal & Louisville Times Co, Philips v Evening Star Newspaper J: Brown v Hearst Corp, Costello v Ocean County Observor |
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Unofficial proceedings
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privileged when open and held to discuss public concern
Borg v Boas |
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Neutral Reportage
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allows media to report newsworthy statements by reliable sources even if reporter doubts accuracy of remarks - few courts
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Edwards v Nat'l Audubon Soc'y
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beginning of neutral reportage
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Self-Defense
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Haycox v Dunn
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Zeinfield v Hayes Freight Lines
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privileges for messages of mutual interest
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SLAPP Suits
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Strategic Lawsuits Against Public Participation
libel suits against citizen activists |
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Monia v Parnas Corp
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cout dismissed SLAPP suit
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Retractions
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Its in the Cards Inc v Fuschetto, Beasly v Hearst Corp
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