Quiz #2 Flashcards
What are public forums?
Places where people gather to exchange ideas, held ‘in trust’ for use by all citizens.
Includes sidewalks, public parks, school facilities, and university lecture halls.
What are traditional public forums?
Parks, streets, and sidewalks adjacent to public buildings.
What are designated or limited public forums?
University classrooms, fairgrounds, and student publications.
What are nonpublic forums?
Places that are neither traditionally used for expressive activities nor set aside or opened up in a substantial way for expressive activities
Homes, businesses, military bases, airport terminals, and private mailboxes.
What is disruptive speech?
Speech that includes bad behavior, clear and present danger, intimidation, threats, online harassment, and hate speech.
Examples include incitement of violence and fighting words.
What is symbolic speech?
Nonverbal expression closely akin to ‘pure speech’, such as actions during the civil rights movement and anti-Vietnam War protests.
Define defamation.
Act of damaging the good reputation of someone; includes slander or libel.
What is slander?
Spoken defamatory statement.
What is libel?
Defamatory statements made in writing.
What are the elements of libel?
- Statement of fact
- Published
- Concerning the plaintiff
- Defamatory
- False
- Causes damage
- Defendant at fault
What is the universal defense against libel or slander?
Truth.
What is New York Times v. Sullivan?
A seminal Supreme Court case establishing that public officials must prove actual malice in defamation cases.
Define ‘actual malice’.
Knowledge of falsity or reckless disregard for the truth.
What is an all-purpose public figure?
Celebrities, athletes, activists, religious leaders, and business leaders.
What is a voluntary limited-purpose public figure?
An expert who invites attention and comment on a specific topic.
What is an involuntary limited-purpose public figure?
Someone who becomes a public figure through no fault of their own.
What is the difference between public and private figures in libel claims?
Public figures must prove actual malice; private figures only need to prove negligence.
Define emotional distress.
Mental suffering due to the actions of someone else.
What is intentional infliction of emotional distress (IIED)?
Extreme and outrageous conduct causing severe emotional harm.
What must a plaintiff prove for IIED?
- Defendant acted deliberately
- Conduct was extreme and outrageous
- More than simple embarrassment
- Public officials must prove actual malice
What did Snyder v. Phelps establish?
Speech about matters of public concern, even if hurtful, does not constitute IIED.
Define negligent infliction of emotional distress.
Careless breach of duty causing severe emotional harm.
What are examples of negligent infliction of emotional distress?
- Mistaken claims leading to unforeseen consequences
- Erroneous report of a relative’s death
- Bystanders to dangerous incidents
How can defendants strengthen their case in libel claims?
- Thorough investigation
- Interviews with credible sources
- Verification of information
- Careful reporting
- Inclusion of multiple viewpoints
- Willingness to correct or retract
- Demonstrable deadline
