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Media Law > Exam #2 > Flashcards

Exam #2 Flashcards

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1
Q

Libel

A

Meant to protect an individual

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2
Q

SLAPP Suits

A

Strategic Lawsuits Against Public Participation– Meant to silence critics

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3
Q

Burden of Proof (B.O.P.)

A 
Rests with the plaintiffs
6 Element:
1. Statement of Fact
2. That is Published (<--3rd Party)
3. Identification (Group Identification, Identification Fiction)
4. Defamation (-Libel per se, -Libe per quod)
5. that is false 
6. Fault
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4
Q

**New York Times VS. Sullivan–1964

A

L.B. Sullivan: Police Commissioner of Montgomery, Ala.

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5
Q

Actual Malice

A

Knowledge of Falsity OR Reckless disregard of truth

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6
Q

1967–Curtis Pub. Co. Vs. Butts

A

Curtis Pub. accused Butts of fixing a 1962 Georgia -Alabama football game

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7
Q

1967–A.P. Vs. Walker

A

Walker was charging with a crowd of people at the University of Mississippi over the enrollment of black people.

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8
Q

Private Figures have to prove what?

A

Negligence

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9
Q

Damages

A

Actual-Most Common
Special-Exact Monetary Loss
Putative-Punish Defendant “Smart” Money

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10
Q

Libel Defenses

A
  1. Truth
  2. Fair Report Privilege (Fair & Accurate) Qualified Privilege
  3. Fair comment & Criticism–Reviews
  4. OPINION–ALLMAN CASE (ALLMAN VS. EVANS)
    1. IS IT VERIFIABLE?
    2. COMMON MEANING/USAGE
    3. JOURNALISTIC CONTEXT
    4. SOCIAL CONTEXT
    5. LETTERS TO EDITOR—-USUALLY
  5. Rhetorical hyperbole, satire and parody
  6. Neutral Reportage
    National Audubon Society Case (Edwards V. National Audubon Society)
  7. Wire Service Defense
  8. Libel-Proof Plaintiff (Charles Manson)
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11
Q

4 forms of Privacy Tort (1960 William Posser)

A
  1. False Light
  2. Appropriation
  3. Intrusion
  4. Private Facts/Disclosures
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12
Q

False Light

A

(Non-Defamation Falsehood)
1967- Time, Inc. Vs. Hill
1974-Cartrell Vs. Forest City Publishing Co.
DEFENSES: Truth, Actual Malice

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13
Q

Appropriation

A

Commercialization-A personal right-Newsworthiness

Right of Publicity- A Property Right

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14
Q

1965–Griswold V. Conn.

A 
William Douglas (7/1 vote)
amendments 1,3,4,5,9,14
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15
Q

Intrusion

A

Newsgathering, wrong
Publication NOT Necessary
(Jackie Kennedy Onassis)

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16
Q

Private Facts/ Disclosing

A

Intimate, Highly Embarrassing
Open Public Record
Cox Vs. Cohn 1977–Rape Case
Newsworthiness–>Passage of time doesn’t take it away
Outrage/Unconscionability
William J. Sidis–>Magazine did “Where are they Now” Sidis Suse mag. and looses
DEFENSE: Open public records,Newsworthiness up to the point of community outrage

17
Q

Lake V. Wal-Mart–1998 (MN Supreme Court)

A

Lake suses for invasion of privacy–>loses twice
Pictures of showering with another woman on spring break
(Appropriation, Intrusion, Private Facts)

18
Q

Intentional Infliction of Emotional Distress

A 
Media ACTIONS Key
Outrageous/Extreme
Public Figures, Public Officials---> Actual Malice
CAUSED distress
Defense: None
Hustler Mag. Vs. Falwell
19
Q

Negligent Inflictions of Emotional Distress

A
  1. Defendants Duty to use Due Care
  2. Defendant BREACHED THAT DUTY
  3. CAUSED the INJURY
  4. Breach was PROXIMATE CAUSE of severe emotional distress
20
Q

Physical Harm

A
  • Negligent
  • Foreseeability
  • Proximate Cause
21
Q

Incitement

A

Imminent Danger

Speech —> | |–> Action

22
Q

Amendment 1

A

Congress Shall Make No Law respecting the establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceable to assemble, and to petition the government for a redress of grievances.

23
Q

Amendment 3

A

No one can be in your house without your consent

24
Q

Amendment 4

A

Can not be unreasonably searched on their persons, houses, paper, and effects.

25
Q

Amendment 5

A

Protecting People from having to Incriminate themselves

26
Q

Amendment 9

A

Any other rights cannot be denied

27
Q

Amendment 14

A

Cannot be denied Life, Liberty, or property without Due Process of Law

Media Law (3 decks)

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