Defamation Flashcards
Beauharnais v. Illinois (1952)
Group Libel Case EFFECTIVELY OVERTURNED, Leaflets Libeling Black Americans during White Flight, Black Dissent: Criminal Libel Must be Against Individuals not Groups
New York Times v. Sullivan (1964)
Unanimous Decision, Ad went after police, and he sued under state libel law and won. Public Official cannot recover for libel (P must prove defamatory falsehood) regarding official conduct UNLESS he shows 1) actual malice (clear & convicining evidence of knowledge of falsity or reckless disregard for truth), 2) of and concerning him/reputation, and 3) proven damage to reputation. Libel is no longer an unprotected Chaplinsky category.
Curtis Publishing Co. v. Butts (1967)
College Football Coach accused of fixing games. Extends the NYT v. Sullivan rule to libel actions where plaintiffs are Public Figures involved in Matters of Public Concern.
Associated Press v. Walker (1967)
Retired General leads opposition to desgregation. Public Figures (like Public Officials) have special and ready access to mass media to influence policy and voice counter criticism.
Gertz v. Robert Welch (1974)
NYT v. Sullivan’s Actual Malice standard does not apply to libel brought by private individuals. When P is private and D is media, states can define appropriate standard of liability (just not strict liability), but must require proof of damages. Balance favors the state’s interest in compensating reputational damage to privates individuals.
Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. (1985)
Erroneous Credit Report, Gertz standard is inapplicable because credit reports are matters of purely private concern. When Private P and matter of private concern, the state’s common law governs. State can do strict liability. State can allow presumed and punitive damage absent a showing of actual malice.
The Luth Case (1958)
German Comparative Case, Press Minister (Luth) enjoined from promoting the boycott of a film produced by Nazi sympathizer. Lower Court held there was intentional harm and required compensatory damages. Constitutional Court overturned the decision based on Luth’s basic right to freedom of opinion. Under the circumstances, economic interests must yield to the formation of public opinion on a matter important to the general welfare.
The Boll Case (1980)
German Comparative Case, False Direct Quotations are not protected. Impaired Boll’s constitutional right to an intimate sphere, personality, self-presentation, and his own words.
Time, Inc. v. Hill (1967)
Victims of hostage situation found their experiences portrayed in popular media in a false, but flattering, light. False Light: disclosure 1) invaded privacy and 2) was false (but not necessarily injurious). Court extended NYT v. Sullivan standard to false light cases with Private P on Matters of Public Interest. P cannot recover UNLESS they prove that D made false disclosure knowingly or recklessly.
Cox Broadcasting Corp. v. Cohn (1975)
Matter of Public Interest, Newpaper publishes the name of an underage rape victim, and father sues for invasion of privacy. Dissemination of information that is true and publicly available (lawfully obtained) is protected.
Florida Star v. B.J.F. (1989)
Newspaper accessed public police reports and published the name of victims. Matter of Public Significance and lawfully obtained is protected speech. Voided state law barring publication of names of victims of sexual offenses.
Zacchini v. Scripps-Howard Broadcasting Co. (1977)
Appropriation Torts, Human Canonball, P has a right to publicity that media cannot infringe with immunity. P is liable for damages.
Bartnicki v. Vopper (2001)
Intercepted Call between Union Negotiators, Federal Statute Prohibiting Disclosure of Private Communications, Radio Host Acquires the Intercepted Recording Legally, Publication was protected because it was truthful information on a matter of public concern.
United States v. Alvarez (2012)
Stolen Valor Act, No General Exception for False Statements of Fact, Criminalization of false statements of fact did not pass strict scrutiny because it was a content-based restriction.
