Freedom of the Press (1A)

Question 1

defamation elements

Answer 1

P must prove:
1. a false defamatory statement (a statement that tends to harm the reputation of another),
2. of and concerning the P made by D,
3. publication by D to a 3P, AND
4. damages

Question 1

defamation & actual malic standard

Answer 1

the press is afforded heightened protection under 1A for defamation lawsuits depending on the type of person

Question 2

public official / figure

Answer 2

P must also prove actual malice to be successful; that D spoke w/ either:
1. recklessness, OR
2. knowledge of its falsity

NOTE: proof of negligence is NOT sufficient

Question 3

private citizen speaking on matter of public concern

Answer 3

to be successful, P must also prove that the speaker was negligent

Question 4

disclosure of private facts & generally applicable laws

Answer 4

1A protects the press from liability when:
1. pusblishing truthful private facts,
2. regarding a matter of public concern,
3. where infor was legally obtained by the publisher, AND
4. there is no knowledge that the infor was obtained illegally (if illegally obtained info was published)

NOTE: 1A does NOT protect the press from liability for violating generally applicable laws