Missing Unit 2 Flashcards
Who bears initial burden of proof in libel case
Plaintiff
Elements of libel
Must prove
Published If and concerning the plaintiff Defamatory False Fault
Are distributed at fault in libel Case
No as long as they did not have scienter
Defamation considerations
Juries and judges consider
Words in light of ordinary meaning
Innuendo as potentially defamatory
Words in context
Opinion
Private person plaintiff must only prove falsity if
It is a matter of public concern
Otherwise prove truth
Public official : someone appointed or hired for govt. job may be public official based on
Level of resp.
Kind of resp.
Whether they have control of public money
The nature of the job
Nature of the story
Public officials must prove actual malice when the libelous remarks Concern their fitness for the job or the way they conduct themselves in public office
Limited purpose public figures
Public controversy must exist before libel published
Plaintiffust voluntarily participate
Plaintiff must be seeking to influence public opinion
Legitimate public concerns and newsworthiness
Social value of private facts that were published
How deeply the disclose facts cut into private affair
The extent to which the individual voluntarily rose to public notoriety