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19 Cards in this Set
- Front
- Back
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on all occasions except for public official proceedings
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un privileged occasion
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2 types of un privleged occasion
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absolute privilege, qualified privilege
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privilege of the participant, if in an official public proceeding - you may have to say defamatory things about a person in order to uncover the truth
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absolute privilege
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privilege of the reporter ( which has to be fair and accurate)
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qualified privilege
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if you are a reporter and give a ----- and ---- account, you are protected under the law according to qualified privilege
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fair and accurate
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5 element of of libel added in 70's defined.
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actual malice
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actual malice is defined with
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knowledge of falsity and reckless disregard for the truth
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it was published when the publisher knew that it was a lie.
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knowledge of falsity
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no systematic way to try to ascertain that this was the truth. (publisher did not seriously question the truth of the publication)
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reckless disregard for the truth
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a group of people from alabama college wrote advertorial about black college students not being allowed in the school entitled "heed their rising voices" sullivan said there were inaccuracies in the article about what actually happened and that it looked bad on part of police men. was never named by claimed he was indirectly identified
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new york times vs. sullivan
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what are the three types of damages
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actual, compensatory, punitive
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refer to the actual amount of money it causes someone to lose
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actual
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to compensate you for the middle anguish you are going through
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compensatory
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they are to punis you for what you've done. (big money)
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punitive
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why would tabloids run something when they knew it was a lie?
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they know the papers are going to make a lot. Most papers carry libel insurance, it's not defamatory by the way they write the stories, you create the libel, not them
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two defenses against libel
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fair comment and criticism and truth
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court case that created fair comment and criticism
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Cherry v. Des Moines Leader
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privacy declared by the court was a constitutional right, however it truly isn't in the constitution. it exists in and aorund the issues
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invasion of privacy
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