Exam 2 Flashcards
Elements of libel and how many?
Defamation Falsity Communication Identification Fault Harm 6
Libel vs Slander
Libel is defamation in a tangible manner. Slander is oral defamation.
How many elements must be present for?
All
There is no libel if an element is missing.
Media’s defense to libel.
Truth
Privilege
Fair Comment and Criticism
Elements vs Factors
All elements must be present while factors may be weighed.
Hustler v Jerry Falwell
Satire
New York Times v Sullivan
1960, NYT ran an editorial ad with inaccurate claims. SC standardizes libel standards. Actual malice must be present. Honest mistakes does not constitutes libel.
What is absolute defense to libel.
Truth
Proving Malice
a statement acknowledging that “a person knew something was false.”
or
reckless disregard for truth (hard to prove)
Olman Test:
libel or protected speech case:
- Can statement be proven true or false
- Are the damaging words meant to be taken literally
- What was the journalistic use for the words. Editorial or news?
- Social Context for the comment?
US v Midwest Video (1972)
SC upholds FCC right to regulate cable.
Cable rapid growth threatened to deprive the public of various benefits of local broadcast stations which puts it within the authority of the Communications Act of 1934.
Cable Communications Policy Act of 1984
• Amended Communications Act of 1934 • Gave FCC official authority to regulate cable TV • Substantial deregulation of cable at federal level • Shifted power to local authorities • LFA’s – Local Franchising Authorities
4 types of access channels on Cable
Public Access – open for free use by public Educational Access – educational institutions Governmental Access – city council meetings, etc. Leased Access – commercial access rented or leased
HB 318
prohibits employer from requiring or
requesting access to personal accounts of
employees and job applicants through
electronic communication devices.
Can an employer request access to private social media?
No
