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66 Cards in this Set
- Front
- Back
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It’s the editor’s nightmare. The text reads just fine, but if the editor had some outside or extrinsic knowledge the editor would realize this is a case of libel
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per quod
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In the fabricated quotes case, the supreme court made clear that not every change in a quotation would lead to a libel suit but a-BLANK-change could. In that case, the high court threw out the 9th circuit’s test on fabricated quotes-BLANK-Why did the SC throw out that test?
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material, rational interpretation test, Sanctity of quotes. You can edit out the ums and such but you can’t change the words
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Define actual malice
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reckless abandonment of the truth
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Both sides agree on the facts. The D says to the judge- based on the law my side should win. If the judge agrees the judge can stop the libel case right then by granting the D's motion for a
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summary judgment
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What is the name and date of the cause that started the libel revolution
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NY times vs. Sullivan 1964
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State who the SC said had to prove actual malice when the court reached its short-lived high water mark for actual malice protection in the Rosenbloom case in 1971
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a private or public individual in a public case
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The high court retrenched in 1974
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Gertz vs. Welch
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3 standards for liability states chosen?
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actual malice, fault, negligence, gross responsibility
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Missouri requires
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fault
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To win punitive damages a private individual must prove
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actual malice
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Criminal cases require proof beyond a reasonable doubt. The sc says that actual malice must be proved by -BLANK-In most civil cases a P must prove the case by a
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clear and convincing evidence, preponderance of evidence
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Instead of deferring to trial courts on factual matters, appellate courts in libel cases involving actual malice must do a
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independent review
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“In my opinion Obama is a Kenyan and can’t be president.” Explain whether an author receives protection from in my opinion
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the author does not receive protection because stating in my opinion does nothing
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The story said that Mitt Romney’s father had four wives. It then says that he is not fit to be president because he was raised in a harem. The reporter believed that what she said was true. No, an earlier ancestor of Mitt had four wives. Explain whether Romney could win a libel suit-
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he could not win because he is considered an all purpose public figure
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Wally Butts got to keep his money award in the “football secrets” case. In AP vs, walker, walker lost his money award. The SC found what two differences between the cases?
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1 hot news 2 reliability of sources
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The sc said that mrs. Firestone whose divorce from her heir to the tire fortune husband made the “milestones” section of TIME was NOT a public figure despite this fact
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she held press conferences
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Senator proxmire lost in the golden fleece award case. He gave a monkey researcher the award and that gave the researcher a lot of publicity. Sometimes the press will give a P a lot of publicity. Why doesn’t that make the P a public fugure?
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Government funding does not make a P a public figure the D cannot make the P a public figure
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Oprah won a suit for libel. The judge in the mad cow case didn’t let cattle producers use this type of law
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veggie libel
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Eminem won his libel suit brought by a school friend who thought Eminem portrayed him as a bully. The judge wrote her decision in this unusual style
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a rap
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The restatement second of torts says that the burden of proof should switch so that libel defendants should have the burden of proof to prove the truth under what circumstances?-
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the statement is negative
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You have no privilege to use material for depositions unless
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it is entered as evidence
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The Tv reporter got his information from an administrative hearing. His story simply said- the major pocketed tax money design for building and repairing schools. Then the reporter listen various dollar amounts and the schools affected. What’s the reports error
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did not attribute
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For book reviews, what is the applicable-easy- test to pass?
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Supportable
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The herald says president obama took bribes while he was a Chicago politician. The jury said the herald was negligent who won?
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The herald
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At common law, there were four areas where slander plaintiffs didn’t have to prove money damages in order to win name three of the four slander per se areas
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Loathsome disease, committed a crime, bad at business
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Congress didn’t like the way the law was going in the prodigy case involving internet service providers. What did that case have to say about ISPS who screen? Congress then passed a law that said what?
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They were considered publishers, that the ISPS were actually good Samaritans and not publishers so therefore they were not liable
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The SC said the Rev jerry falwell could not collect for his emotional distress cause by a parody ad in hustler unless he could prove these two things
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fake facts, actual malice
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The SC was trying to protect what for of political communications
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cartoons
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Falwell’s attorney wanted the court to say that Fallwell could win- using an outrageousness standard but the court rejected that standard because of what reason-
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too subjective
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Under what doctrine did kimberli pring a baton twirling miss Wyoming lose her multi million dollar judgment against penthouse
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levitation could not be seen as literally true
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Kimberli pring would have kept her millions of dollars if her court had followed the reasoning in the Nellie mitchel- 101 preg granny- what did nellie’s court say?
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The implication of sexual promiscuity could be taken as the truth
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Did the courts say that kimberli pring was a public figure
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no
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Henry lane ran for a position on the school board for Columbia public schools, his platform? Schools don’t need more money but instead need more spanking. Darkow, a cartoonist for the Columbia daily tribune then showed lane in kinky drag with a whip
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the case settled out of court
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Senator orr wrongfully accused president obama’s wife michelle of selling drugs to finance her way through law school. What if any privilege would Orr have on the floor of the senate
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absolute
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State what privilege a reporter would have to report on senator orr’s accusation
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qualified
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In order for the reporter to keep his or her privilege to report on senator orr’s accusation, the report must be _blank and blank_ Senator orr makes the accusation in a newsletter. What privilege would he have?
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fair and accurate, none
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The headline says presidents wife was a drug dealer. This statement would not receive any privilege protection because of this failure
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no attribution
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If a journalist had written a false story about Jeffery dahmer saying dahmer beat his mother, some jurisdictions would not let dahmer sue under the doctrine of
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incremental harm
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John kills his wife- explain whether he is a public figure for purposes of comment about the crime
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he is not a public figure because criminals are not considered public figures- did not thrust himself into spotlight.
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The statute of limitations in Missouri for libel law is_ year(s)
15 months after an alleged libel, a Missouri resident filed suit in Missouri against an Illinois newspaper. What kind of statue would Missouri courts use to dismiss the suit, and give the facts that the court would consider: |
kind of statute-borrowing statute
The facts to consider-where it was published, what the statute of limitation is Illinois 1 year |
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Under the zippo test, you clearly could not be dragged outside your jurisdiction to stand suit if you had this kind of website
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passive
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Under the zippo test, you clearly could be dragged outside your jurisdiction to stand suit if you did this over your website-
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business
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Did an Australian court assert jurisdiction over dow jones in the gutnick case-
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yes
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Dr. Rachel ehrenfeld, her case led NY to pass and helped the federal government to pass what kind of law?
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Libel terrorism protection act
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A piece in the politics now section of a magazine said this about republican presidential candidate newt gingrich- what is a newt? A slimy lizard, Newt is slimy too, the newt can’t win. Hes just a spoiler- say newt wanted to sue for being called slimy and a spoiler, are these words opinion or fact? What is the name of the case that gives a good four-part test
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Ollman, fourparts- definiteness, verifiability, social context linguistic context
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Give an argument for opinion or fact in newt piece
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opinion- the linguistic context and the verifiability- you can’t prove what he is saying
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An editorial said, vice president biden told our allies to support sanctions against Syria or he would push to cut off their foreign aid. This is blackmail, such use of language which can’t be taken literally is called
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rhetorical hyperbole
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The other kind of opinion protection which allows you to express your opinion even in derogatory terms about public performances is called
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fair comment
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An editorial says- justice alito is demanding bribes from attorneys appearing before the US SC
If you knew what fellow judges and attorneys are saying behind closed doors you, like me, would insist on recalling him too, this is an example of the problem known as |
-undisclosed defamatory facts
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Public figures come in two primary types, what type is Oprah? And how does one become that kind of public figure?
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All purpose, pervasive fame, a household name, famous
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What is the other primary kind of public figure?
How does one become that kind of public figure? |
Limited, ? Voluntarily thrusts themselves into the media spotlight
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Hypothetically, there is a third kind of public figure, SC says. What kind?
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Involuntary public figure
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Besides fault, what four things must a libel plaintiff prove?
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Injury, publication, identification, defamation
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When wayne Newton sued NBC and claimed he was not a public figure, what did the court do?
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fine him
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The reporter libels somebody but the publishing company also gets sued. Everyone in the chain of command may be sued because of this doctrine
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respondent superior
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Of a judge thinks that a jury brought back an award that is way too high, the judge can whack the amount back. This lessening of an award is called
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remittiture
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The plaintiff has filed a libel suit. Then the D starts burning notes and outtakes. This destruction is called-
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spoliation
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Someone files a frivolous libel suit, still the D must file an answer to the complaint or else get hit with a
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default judgment
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In 1964 when the SC started the libel revolution, these 3 common law doctrines were in effect and they made life easy for libel plaintiffs
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Burden of proof, strict scrutiny, presumed damages
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In his article Jason put quotes marks around julies statement, her statement is libelous. Jason has no privilege. Jason’s use of her statement is called
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republication of the libel
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The SC revolutionized libel law because the common law view of libel that made life hard on the press was causing a,
The court decided to give the press some |
chilling effect, breathing space
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What are the two reasons the supreme court gives for treating private individuals differently than public people?
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Self help- the private individual can’t hold press conferences
Moral reasons-they don’t get a lot of attention because they can’t inject themselves into the media |
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During discovery, may a P inquire into a journalist’s state of mind while editing ot producing a story? this term comes from the latin word for twisted. It stands for a breach of suty which the law imposes upon an individual, as opposed to a duty under a contract
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Yes, tort
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Outside the city coundil meeting a councilmen made ridiculous charges against another councilman and the mayor. In most states you could report on that ridiculous statement using what kind of privilege? what state has rejected that privilege-
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Neutral reporting, Pennsylvania
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After decades of no convictions for criminal libel, what state convicted tow disbarred attorneys who became journalists-
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New Hampshire
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The SC struck down group libel law
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True
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