exam 1 Flashcards
censorship
a government action
injunction
something that stops someone from doing something
prior restraint
preventing something from being said or published (threatens them with consequences so they don’t engage in the action)
common carrier
phone company (Tmoblie, Verizon, etc.). the idea is that they can’t pick and choose what they carry
retraction statute
intended to mitigate the harm done to the assailed/minimize damages owed
public nuisance
something that is acceptable in and of itself, but not okay in the place it finds itself (context dependent)
dicta
the court looks back at previous decision as precedent for current decision
obscenity
does it have redeeming social value
exceptions to prior restraint rule of law
incitement, obscenity, fighting words
seditious libel
criticism of the government (considered destabilizing for the general public)
plaintiff
injured party
libel (tort)
a civil wrong concerning two private parties
common law libel
judge-made law
what constitutes common law libel?
(1) defamatory statement (induces and evil opinion, tarnishes a reputation)
(2) has to be false
(3) has to be published
(4) about another identifiable person or entity
(5) fault — typically negligence
(6) damages that can be quantified
prima facie
the six components of common law libel need to be initially alleged
slander
spoken libel
libel per se
the negative impact on one’s reputation is presumed based on the statement made (e.g. saying someone has a loathsome disease, saying someone was involved in a crime, etc.)
libel per quad
need more context/information to determine if it is libel
false
cannot be proven to be true (or false)
section 230
states that if I maintain a platform, I am not responsible for libelous statements (user-generated content) made on that platform — with the exception of copyright
group libel
25 or more the group cannot sue, and individuals in the group cannot sue
common law libel defenses and privileges
statute of limitations: the time by which you need to file a lawsuit (2 years from publication is typical for libel)
truth: if you can prove the statements are true, you win!
fair comment privilege: comment or analysis that are based on truly stated facts (or are known to or obtainable by the public) are protected — typically applies to issues of pubic importance
fair report privilege: the privilege to report public or official statements without being liable for the falsity of the statement(s)
nominal damages
a very small amount of money awarded to the person libeled to acknowledge that they were (probably) libeled
special damages
to compensate a person for out-of-pocket expenses sustained as a result of libelous statements
general damages (actual damages)
doesn’t have to be out-of-pocket expenses, but also pain and suffering and humiliation that resulted from the libel
punitive damages
designed to punish — large amounts of money (have to prove that someone acted with common law malice)
retraction statutes
if you are notified that you published false statements about a person and you publish a retraction statement in a timely manner, you can reduce the amount of damages
14th amendment
federal rule applies to states laws
nyt v. sullivan
up until this case, the first amendment didn’t apply to libel law
actual malice
public officials and powerful individuals cannot win libel cases without proving that a statement was made with knowing or reckless disregard for its falsity
constitutional libel defenses and privileges
the statement is true
the statement is an opinion
absolute privilege: the speaker has the absolute right to make that statement at that time (witnesses or attorneys during court proceedings, government officials doing their job, etc.)
qualified privilege: the statement is made in good faith — to fulfill a duty or serve another purpose (citizen testimony during legislative proceedings, self-defense or to warn others of danger, etc.)
the statement was retracted
