Freedom of the Press (1st Amendment)

Question 1

Defamation & Actual Malice Standard

Answer 1

The press is afforded heightened protection under the 1st Amendment for Defamation lawsuits depending on the type of person.

Question 2

Defamation Elements

Answer 2

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 third-party; AND
(4) damages.

Question 3

Public Official or Public Figure

Answer 3

P must also prove actual malice to be successful; that Defendant spoke with either:

(a) Recklessness; OR
(b) Knowledge of its falsity.

*Proof of negligence is insufficient.

Question 4

1st Amend. protects the press from liability when:

Answer 4

(1) publishing truthful private facts,
(2) regarding a matter of public concern,
(3) where the info was legally obtained by the publisher, AND
(4) there is no knowledge that the info was obtained illegally (if illegally obtained info was published).

*1st Amend. DOES NOT protect the press from liability for violating generally applicable laws.