Media Law Midterm Flashcards
Limited-purpose public figures
individuals who have thrust themselves into the forefront of public controversies in order to influence the resolution Ex: Greta Thumburg
Negligence
Implies the failure to exercise ordinary care (doesn’t care if statement said is true or false)
Public Officials
Individuals who work for the government in a place of authority Ex: Joe Biden
Involuntary public figures
people who are drawn into public controversies rather than those who have thrust themselves into a public controversy voluntarily
Actual Malice
knowledge of falsity or reckless disregard of whether the material was false or not
Compensatory Damages
compensate the plaintiff for any injuries suffered at the hands of the defendant
punitive damages
designed to punish and deter the defendant from engaging in the same conduct
General damages
Damages are designed to compensate a plaintiff for intangible injuries such as reputational damage or emotional harm.
special damages
Damages that can be awarded to a plaintiff in a lawsuit upon proof of specific monetary loss.
presumed damages
Damages a plaintiff can get without proof of injury or harm.
actual damages
Damages awarded to a plaintiff in a lawsuit based on proof of actual harm to the plaintiff.
Four areas of privacy law
appropriation of one’s name and likeness
Intrusion upon individuals solitude
Public disclosure of private facts
Publishing material that puts someone in false light
Appropriation
In the law of privacy, use of a person’s name or likeness without consent for advertising or trade purposes.
Intrusion
An invasion of privacy is committed when one individual intrudes upon or invades the solitude of another individual.
false light
That portion of privacy law prohibits all publications or broadcasts that falsely portray an individual in an offensive manner.
publication of private information
In privacy law, publicizing embarrassing private information about an individual that is not of legitimate public concern. More than one person must see or hear this information.
NYT v. Sullivan
This case is about a full-page ad alleging the arrest of Rev. Martin Luther King Jr. for perjury in Alabama. The false statement’s intention was to destroy King’s effort to integrate public facilities and encourage black Americans to vote. Mr. Sullivan, the Montgomery city commissioner, issued a LIBEL SUIT against NYT and 4 blacks listed as endorsers of the ad, claiming that the allegations against Montgomery police defamed him personally. However, Sullivan DIDN’T HAVE TO PROVE THAT HE HARMED UNDER ALABAMA LAW.
Michovich v. Lorain
a brawl broke out at a wrestling match and Lorain said that Milkovich is a liar and that he was the one who started the brawl, sued for defamation of character news paper lost because it was provable
Gertz v. Welch
After a jury found a police officer guilty of murder, the victim’s family retained Elmer Gertz, a Chicago attorney, to bring a civil action against the officer. Gertz was an attorney hired by a family to sue a police officer who had killed the family’s son
Private person
must prove negligence and actual malice
Republication or Rebroadcast
A news organization has the right to republish and promote themself
Defense to appropriation
consent: becomes invalid if Legal Capability Number of years within a time frame/Substantially altered material
False Light
presenting someone in a light that they are not
Shulman Case
Helicopter case the nurse had a wiretap and was asking the person harmed personal questions
-Reasonable expectation of privacy in the helicopter and at the accident scene so violation of intrusion
Rawl’s
Veil of Ignorance
If we were to all wear a veil we would not be able to determine male vs women, race, etc. be neutral with everyone we talk to (distribute justice fairly for everyone) Elevates our personal liberty to speak, power to weak members of society
Parody
If it is this form of media it is not defamation everyone will know that it is far from the truth and for comedy
Fair Comment and Criticism
If you put yourself out there for public consumption the public has the right to comment: food critic, movie critic
Things to take into account about Opinion
-Is the statement provable as true or false?
- What is the ordinary or common meaning of the words
-What is the journalistic context of the remark
-What is the social context of the remark
Rhetorical Hyperbole
not necessarily provable
Privileged Communications
Privileged Communications
A closer look at two defenses
Privileged Communications
Absolute privilege
Official government forums
Qualified privilege
-Official government reports or records
Abuse of privilege
Lose privilege if the story is unfair, inaccurate, or unbalanced
libel proof
if the plaintiff reputation is so bad that any false statement could not lower that person in the eyes of the community any further. The thought is that such a plaintiff’s claim must fail because that plaintiff has suffered no harm as a result of the false statement.
What must the plaintiff prove?
-Publication
-Attribution: tying what someone said to a particular person
Plaintiff has to prove, the defendant only has to prove
everything, one area
