Ch. 5 Defenses & Privileges Flashcards
fair report privilege
A privilege claimed by reporters who report events on the basis of official records
absolute privilege: complete exemption from liability for defamatory works b/c the statement was made within performance of duty
conditional: must be fair and accurate
Mcintosh v The Detroit News
Felon sues b/c name printed in article about convicted felons in public schools. News wins b/c story was based on public record.
Moldea v NYT
NYT review criticized Modela’s book, not his reputation
Ollman v Evans and Novak
Ollman sues b/c of accusation that he was a marxist; story based on opinion
Ollman test
- verifiability
- common meaning
- journalistic context
- social context
Milkovich v Lorrain Journal Co
Coach sues for libel after publication lied to keep team off of probation.
The Court ruled that column tried to pass fact as opinion.
Parody and rhetorical hyperbole
Humorous and offer commentary. Protected by FA
Greenbelt Cooperative Publishers v Bressler
Old Dominion Branch v Austin
Hyperbole case involving Texas judge
Neutral reportage
FA protects responsible organizations for making accusations
Libel proof plaintiff
A plaintiff whose rep. is deemed so damaged already that additional false statements cannot cause further harm
Single mistake rule
Falsely reporting that someone has made a mistake within their profession may not be libelous
Summary judgement
- no genuine dispute on any material fact
- plaintiff unable to meet at least one element of burden of proof
statute of limitations
length of time after libelous article published that a claim can be filed. usually 1-3 years
retractions
usually helps defendant’s case, though can also be an admission of guilt
responsible reporting
shows that media conducted itself in a responsible way in gathering and reporting news.
prove they were not negligent or had disregard for the truth.
