Ch. 4 Libel

Question 1

SLAPP suits

Answer 1

Strategic lawsuits against public participation

Question 2

6 elements of a successful libel case against media

Answer 2

1. statement of fact
2. publication
3. identification
4. defamation
5. falsity
6. fault

Question 3

Blumenthal v Drudge

Answer 3

ISP was irresponsible for transmission but not origination; ISP providers not libel for content they don’t originate

Question 4

Defamation

Answer 4

When reputation is damaged, defamation occurs.

1. Libel per se: a statement whose injurious nature is apparent and requires no further proof.
2. libel per quod: a statement whose injurious nature requires proof

Question 5

Kaelin v Globe Communication

Answer 5

“Cops think Kato did it”; needed further proof to show libel per quod; further investigation showed the Globe acted with malice

Question 6

Texas beef group v. Oprah

Answer 6

Plaintiffs had not proved false statements were made

Question 7

falsity

Answer 7

A statement must be false to be libelous

Question 8

substantial truth

Answer 8

small inaccuracies don’t make a statement false

Question 9

Implication and innuendo

Answer 9

through implication, messages can be libelous

Question 10

Negligence

Answer 10

The failure to exercise reasonable care; lowest level of fault for a plaintiff to receive damages

Avoid by: fact-checking, confirming info, ensuring fairness

Question 11

New York Times v Sullivan

Answer 11

NYT ad - Heed Their Rising Voices

The Court reversed lower court decision against NYT because awarding libel too easily can choke off the free flow of information.

Higher standard for public officials to claim libel

Libel law constitutionalized

Question 12

Actual Malice (2 components)

Answer 12

Knowledge of falsity: intent and knowing that something is false

reckless disregard for the truth: defendant entertained doubts about the truth of the publication

Question 13

Curtis Publishing Co v Butts

Answer 13

reckless disregard for the truth; publication had time to do a more thorough investigation

Question 14

AP v Walker

Answer 14

The news required immediate dissemination and the source was credible

Question 15

Public officials

Answer 15

Serve the public. Must prove actual malice.

Question 16

Public figures

Answer 16

Must prove actual malice

2 types:
-1. all purpose: a person who is widely recognized and written/spoken on a wide array of issues

-2. limited-purpose: forefront of particular issue

Question 17

Involuntary public figure

Answer 17

Does not thrust his/herself into the public controversy, but rather is drawn into a given issue

Question 18

private figure

Answer 18

not a public official or figure. must only claim negligence.

Question 19

4 kinds of damages

Answer 19

Actual: plaintiff required to show monetary loss attributable to harm suffered

special: specific monetary figure involved
presumed: does not require plaintiff to produce evidence of harm
punitive: monetary penalty and punishment/discouragement