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40 Cards in this Set
- Front
- Back
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What is Gertz v Welch
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divides public Figures into all purpose, limited and public officials. Actual malice must be proved for pub officials
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ST Amant v Thompson stood for?
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Reckless disregard is caled for when ther judge has a high awarness of probable falsity of accusations, journalist has serious doubts about the story, accusations are so improabbale that only a reckless person would have published it
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Hustler v Falwell
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Actual malic is not inclusive of a public figures' emotional distress
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Harte- Hanks Communications
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If you do not pursue the truth because it will wreck you story it is actual malice
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MIlkovich v Lorain Journal Co
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proved that for a statement to be actionalble it must be provably false
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US v Dickinson
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One must obey the court even if the court appeal is unconsitutional
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US v Providence
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ONe must follow the ocurt oredes but if it is a "transparently invalid" and we are not granted an immediate appeal we can disobey court order
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Near V Minnesota
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landmark case for prior restraint, makes prior restraint almost always unconstitutonal under the 1st amend (with aid of 14th amend)
watchdog function |
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Nebraska Press Assn v Stuart
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established 3 rules for gag order: nature of content/coverage, other measures used to mitigate, how effective a restriaing order would be to prevent threatened danger
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Butts V Curtis Public Co
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established that public figures must prove actual malice
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New York Times V Sullivan
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sets the standard of Fault for public officals to be actual malice
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Pentagon Papers
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proved that prior restraint is unconstitutional , govt bears burden
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THE exception to Pentagon Papers
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During WAr time prior restraint can happen if they prove that the publication will cause "direct, immediate, and irreparable harm" to the nation
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masson v New York Magazine
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editor can edit direct quotes so as not to add liblelous meaning to them
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nesbit v multimedia
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to prevent actual malice you must prove that you have atleast 1 relaible source
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What is actual Malice
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knowledge of falsity of reckess disregard for the truth
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how do you become a limited/vortex figure?
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demfamation must involve public controversey, plantiff must involuntarily thrust themself into public controversey, hte plantiff must have trid to affect the outcome of controversy
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what is negligence
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Acting other than in a manner in which a reasonlable carful or ordinarily prudent person would act or failure to folow accepted professiona practices/standards
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what does reckless disregard for the truth mean?
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focuses on what the publisher should have know at publication, the publisher shows htey did not care about the truth and published it any way
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What are 3 types of damages in libel?
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actual injury, pecuniary loss, actual malice
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what is a public official
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a person who is a government employee with responsibility for developing public policy or making important government decisions
ex elected public officals/candidates for office1 |
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A judge must consider what in a gag order
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the extent of coverage, whether other measures could be done, how effective would a gag order be to prevent the threat of danger
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what is the republication rule?
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a journalist is leggally responsible for repeating libelous statements made by another
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what is fault
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falt is the highest element of libel that must be proved, NYT v Sullivan ( new standard)
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Prior restraint is ?
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the prohibition of expression at the source by the government . The press can't establish informaton before the fact
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exception to the republication rule
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wire service defense
online republication |
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identification in libel requires
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3rd party reconginition
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what are 6 elements to prove libel by a plantiff
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identification, publication, falisity, defamation, fault, injury
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what is an all purpose public figure
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an individual with widespread fame or notoriety wh ohas special prominience in society and commands public and media attention.
Gertz v Welch |
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What are the plantiff categories and standards of fault
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public official (AM- NYT sullivan), All purpose pub figure (AM GERTZ), Limited Public figure (AM GERTZ)
Private Person ((Negligence,GERTZ) |
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publication in libel is
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a 3rd party must be able to access the publication
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why does the governement not sue for libel
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they are not allowed because they will promote achilling effect
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seditious libel is
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the harsh criticism of the government
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who can sue for libel
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a living indiv, a business, non profit group, gov't employees with no power
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defamation is?
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false said htings about a person or company that harms their reputation
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what is libel
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false defamaiton that is shown to another person/ saying bad things that are not true in a written or published form
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what ar the 3 standards pf faut;
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strict liability, actual malice, negligence
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what are the 3 types of prior restraint
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taxes, licenses, injunctions
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3 exceptions to near v minnesota
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publications that jeapordize national security, obscene publications, publication threatens to encite violence or overthrow government
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what is criminal libel
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the crime of making public statementds that disturb peace by inciting racial hatred or criticizing public officals
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