Defamation Flashcards
What do defamation laws protect?
Defamation laws are designed to protect individuals’ reputations by providing a legal avenue to sue for printed or spoken words that diminish esteem, respect, goodwill, or confidence. Such statements must incite adverse feelings or opinions towards the plaintiff.
What is the difference between libel and slander?
Libel refers to defamatory statements made in a permanent medium, such as written publications, while slander refers to spoken defamatory statements, which are more transient and typically harder to prove.
What was the significance of the Depp vs. Heard case?
The case involved a New York Times article that allegedly falsely accused Amber Heard of inciting violence. If she had won, it could have set a precedent affecting the legal protections for editorial writers and journalists regarding defamation claims.
What was the outcome of NYT v. Sullivan?
The Supreme Court ruled in favor of the New York Times, establishing that the press has a constitutional right to publish even erroneous statements. This decision established the “actual malice” standard, which protects press freedom while holding public figures to a higher standard in defamation cases.
What is the “actual malice” standard?
The “actual malice” standard requires public figures to prove that a defamatory statement was made with knowledge of its falsity or with reckless disregard for the truth, thereby enhancing protections for freedom of speech.
What are the two types of actual malice?
1) Knowledge of falsity: When a journalist knows the information is false but publishes it anyway. 2) Reckless disregard for the truth: When a publisher shows a high degree of awareness of the probable falsity of the defamatory material or fails to investigate despite having serious doubts about the truth.
What must a plaintiff prove in a defamation case?
A plaintiff must prove six elements: 1) Defamatory language; 2) The statement was about the plaintiff; 3) The statement was published to a third party; 4) The publisher acted with fault (negligence or recklessness); 5) The statement was false; 6) The plaintiff suffered personal harm as a result.
When can one sue for libel?
Individuals can sue for libel if the defamatory statement is about themselves or their business entities. However, one cannot sue on behalf of another person, for deceased individuals, or if the person is considered “libel-proof,” meaning their reputation is already damaged.
What constitutes negligence in a defamation case?
Negligence is defined as a failure to exercise ordinary care, which includes relying on unreliable sources, not verifying the accuracy of documents, and careless editing processes that lead to mistakes in published material.
What are the categories of figures in defamation law?
Defamation law distinguishes between: 1) Public figures (all-purpose, who hold pervasive power, and limited/vortex, who are involved in specific public controversies); 2) Private individuals, who did not seek public exposure and generally have more protections against defamation.
What did the Supreme Court rule in Masson v. New Yorker (1991)?
Unanimous SCOTUS 9-0. The Court ruled that altering quotes in a way that does not dramatically increase the damage to a person’s reputation does not necessarily constitute actual malice. Writers are allowed to make grammatical corrections while preserving the substance of the quote.
How is opinion treated in defamation law?
Pure opinions are protected under the First Amendment as they cannot be proven true or false. However, opinions that are presented as facts or that rely on false factual assertions are not protected.
What was the outcome of Hustler Magazine, Inc. v. Falwell (1988)?
The Supreme Court unanimously ruled in favor of Hustler Magazine, stating that the parody of Jerry Falwell constituted protected speech under the First Amendment, reinforcing that public figures have a lower expectation of protection against offensive commentary.
What do Clarence Thomas and Neil Gorsuch advocate regarding libel laws?
They advocate for a reconsideration of libel laws, arguing that many modern libel rulings stem from policy-driven decisions rather than a strict interpretation of constitutional law, suggesting a need to reevaluate the protections afforded to media and speech.
is Satire protected speech?
Yes
