Chapter 6 Flashcards
What are the two reasons a judge might dismiss a case before trial?
- The plaintiff has not proven the necessary elements of libel
- The defendant has a valid legal defense.
Courts determine if a _______ could rule in favor of the plaintiff
Reasonable juror
What is the time period within which a lawsuit must be filed?
Varies by state; usually 1 to 3 years for libel cases
what are the four ways courts determine the publication date of a case?
- Newspapers. - date printed on the paper.
- Broadcast media. - date aired.
- Magazines - date of mass distribution.
- Online content. - date first posted.
Where can a libel suit be filed?
Where the defamatory content was circulated
The Calder Effects Test determines jurisdiction for internet defamation based on:
Where the content was directed
Where harm was caused
Where the content was accessed
Truth
If the defamatory statement is true, it is not libel
What are the two Privileged Communications?
Absolute Privilege and Qualified Privilege
What does Absolute privilege protect?
Protect statements made in legislative, judicial, and executive proceedings
What does qualified privilege protect?
Protects fair and accurate reports of government proceedings or documents
fair comment and criticism
Protects opinions about public figures
Neutral reportage
Protects journalist reporting newsworthy, but defamatory allegations from credible source
consent
If the plaintiff agreed to the publication, they cannot sue
Right Of Reply (Self-Defense)
If a person is defamed, they may respond with an equally defamatory statement
Rhetorical Hyperbole
Exaggerated language that no reasonable person would believe is factual
First Amendment Protection
Pure opinions cannot be proven true or false
4 Part Oliman Test
- Can the statement be proven true or false?
- What is the common meaning of the words?
- What is the journalistic context?
- What is the social context?
Compensatory Damages
Financial compensation for harm suffered
General Damages (Actual Damages)
Compensations for reputational harm or emotional distress
Special Damages
Compensation for specific financial losses
Presumed Damages
Awarded even if no harm suffered
Punitive damages
Monetary punishment to deter future wrongdoing
Retraction Statues
Some states allow defendants to issue a retraction to limit damages
Criminal Libel
Some states allow criminal prosecution for defamation.
What can a person be charged for in criminal Libel?
- Defaming the Dead
- Inciting violence through defamatory speech
Milkovich v. Lorain Journal
Established that a statement of pure opinion is protected only if it cannot be proven true or false
Gertz v. Robert Welch, Inc
Differentiated between public figures (who must prove actual malic) and private individuals (who must prove negligence)
** New York Times v. Sullivan
Established the “actual malice” standard for public officials
Hustler Magazine v. Falwell
Ruled that public officials cannot sue for emotional distress from satirical or parody content
** Oliman v. Evans
Created the Oliman Test to determine if a statement is fact or changed the meaning
Masson v. New Yorker Magazine
Established that altering quotes can be libellous if it changed the meaning
Summary Judgement
A judges ruling to dismiss a case before trial
Statute of Limitation
Time limit for filing a libel lawsuit
Jurisdiction
The location where a libel case can be filed
Absolute privilege
Complete legal protection for speech in government settings
Negligence
Failure to verify facts before publication
Actual malice
Knowing falsehood or reckless disregarded for truth
What are three of the major libel defenses?
- Truth.
- Privilege.
- Fair comment.
