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19 Cards in this Set
- Front
- Back
Elements of libel law
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Publication, Identification, Defamation, Falsity, Fault.
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Publication
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The libel was published
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Identification
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Plaintiff can be identified. Fictionalization is not a defense.
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Defamation
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plaintiff must prove that there is a “defamatory” meaning
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Falsity
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Must be able to prove the statement is false
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Fault
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constitutional requirement in media cases that plaintiff must prove some degree of wrongful conduct when suing for libel
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Public officials and public figures
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must prove actual malice to win their lawsuits and collect any damages
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Private persons
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Must prove at least negligensce
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What is a Public official?
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least those among the hierarchy of government
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What is an all-purpose public figure?
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1. Occupy positions of such pervasive power and influence that they are deemed public figures at all times
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What are limited purpose public figures?
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public controversy before broadcast or publication + voluntarily injected + attempt to affect outcome
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Negligence
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1.) Negligence: failure to exercise reasonable care
a. Similar to actual malice but lower threshold b. What source said v. what was reported c. Verification? d. Subject of allegation contacted? e. Courts always ask: Did the reporter make a good faith effort to determine the truth or falsity of the matter? |
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Actual Malice
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knowledge of falsity or reckless disregard for the truth
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Harlan Criteria
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Determines reckless disregard for the truth
o Whether there was time to investigate the story or whether the material had to be published quickly o Whether the source of the information appeared to be reliable and trustworthy o Whether the story itself sounded probable or farfetched |
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Absolute privilege
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Immunity from libel suits granted to government officials and others based on remarks uttered or written as part of their official duties
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Qualified privelege
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most important libel defense for journalists
• Protects publication of allegedly libelous information that comes from privileged sources o Official government meetings and official government reports |
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Rhetorical Hyerbole
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o Language so expansive that the reader or listener knows it is only an opinion, that it is not an assertion of fact
The tone of the language is usually key Often includes satire and/or parody |
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The First Amendment
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o Can the statement be proved true or false?
o What is the common or ordinary meaning of the words? o What is the journalistic context of the work? o What is the social context of the remark? |
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Fair commeent and criticism
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o The common law defense for opinion (oldest defense)
o Legal limbo Is it an opinion? Is it a subject of legitimate public concern? Is there a factual basis for the comment? |