exam 1

Question 1

censorship

Answer 1

a government action

Question 2

injunction

Answer 2

something that stops someone from doing something

Question 3

prior restraint

Answer 3

preventing something from being said or published (threatens them with consequences so they don’t engage in the action)

Question 4

common carrier

Answer 4

phone company (Tmoblie, Verizon, etc.). the idea is that they can’t pick and choose what they carry

Question 5

retraction statute

Answer 5

intended to mitigate the harm done to the assailed/minimize damages owed

Question 6

public nuisance

Answer 6

something that is acceptable in and of itself, but not okay in the place it finds itself (context dependent)

Question 7

dicta

Answer 7

the court looks back at previous decision as precedent for current decision

Question 8

obscenity

Answer 8

does it have redeeming social value

Question 9

exceptions to prior restraint rule of law

Answer 9

incitement, obscenity, fighting words

Question 9

seditious libel

Answer 9

criticism of the government (considered destabilizing for the general public)

Question 9

plaintiff

Answer 9

injured party

Question 9

libel (tort)

Answer 9

a civil wrong concerning two private parties

Question 10

common law libel

Answer 10

judge-made law

Question 11

what constitutes common law libel?

Answer 11

(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

Question 12

prima facie

Answer 12

the six components of common law libel need to be initially alleged

Question 13

slander

Answer 13

spoken libel

Question 14

libel per se

Answer 14

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.)

Question 15

libel per quad

Answer 15

need more context/information to determine if it is libel

Question 16

false

Answer 16

cannot be proven to be true (or false)

Question 17

section 230

Answer 17

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

Question 18

group libel

Answer 18

25 or more the group cannot sue, and individuals in the group cannot sue

Question 19

common law libel defenses and privileges

Answer 19

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)

Question 20

nominal damages

Answer 20

a very small amount of money awarded to the person libeled to acknowledge that they were (probably) libeled

Question 21

special damages

Answer 21

to compensate a person for out-of-pocket expenses sustained as a result of libelous statements

Question 22

general damages (actual damages)

Answer 22

doesn’t have to be out-of-pocket expenses, but also pain and suffering and humiliation that resulted from the libel

Question 23

punitive damages

Answer 23

designed to punish — large amounts of money (have to prove that someone acted with common law malice)

Question 24

retraction statutes

Answer 24

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

Question 25

14th amendment

Answer 25

federal rule applies to states laws

Question 26

nyt v. sullivan

Answer 26

up until this case, the first amendment didn’t apply to libel law

Question 27

actual malice

Answer 27

public officials and powerful individuals cannot win libel cases without proving that a statement was made with knowing or reckless disregard for its falsity

Question 28

constitutional libel defenses and privileges

Answer 28

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