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Media Law > Test 2 > Flashcards

Test 2 Flashcards

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1
Q

libel

A

written defamation (published - expanded in the digital age)

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2
Q

Slander

A

Spoken defamation

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3
Q

Defamation

A

Communication that tends to harm someone’s or something’s reputation.
-The key is falsity, key to libel

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4
Q

Food Lion V. Capital Cities/ABC
(not in textbook and libel)

A

-Not USSC, 4th court of appeals
-Undercover reporter exposed mishandling of food at food lion
-Food lion wins for trespassing
-Court acknowledged food lion couldn’t sue for libel but wanted to still punish ABC

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5
Q

Libel History

A

Comes from Roman and English common law. Your reputation is valuable and you can receive compensation if it’s damaged

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6
Q

Basic elements of libel

A

-Defamatory statement that is false
-Identifies its intended victim
-Is broadcast or published (disseminated)
-Actual malice or negligence
-Proof of damages

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7
Q

Who can sue for libel?

A

Any living person, private entity (i.e. corp), gov officials, small groups, individuals in a group

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8
Q

Groups suing for libel

A

Group must be small enough so that all members can prove their reputation was damaged by libelous statement or libelous statement must refer to the individual who is suing

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9
Q

Libel per se

A

Word themselves are defamatory i.e calling someone a murderer

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10
Q

Libel per quod

A

Words themselves not defamatory; listener needs more info to understand the words to be defamatory i.e. saying someone is dating someone when others know they are married - cheating is implied

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11
Q

Fellows v. National Enquirer

A

The Enquirer published an article falsely implying that Arthur Fellows was dating actress Angie Dickinson. Fellows demanded a correction, but the Enquirer rejected it.

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12
Q

Identification in libel

A

At least some of the audience must understand who the defamatory statement refers to

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13
Q

Dissemination in libel

A

Broadcasted or published-
occurs when someone other than the speaker and intended victim see the defamation

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14
Q

Someone who furthers dissemination of defamation

A

Can be sued for libel

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15
Q

Fault in libel

A

Public figures must prove actual malice (sullivan)
Private person must prove negligence (Gertz v. Welch)

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16
Q

Key question in libel lawsuits

A

status of the plaintiff, determines if you should settle, gets answered during pre trial

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17
Q

Breathing Space

A

Mass media needs it in their handling of controversial topics; errors inevitably occur in robust debate

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18
Q

Actual malice requirements apply to

A

minor public figures too

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19
Q

Limited purpose public figure

A

People who have thrust themselves into the public

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19
Q

All purpose public figures

A

High ranking elected officials, celebrities, religious leaders, business leaders

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19
Q

Curtis publishing co V. Butts

A

Lost because it wasn’t a pressing news story and and they only used one source

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19
Q

AP v. Walker

A

AP wins because its late breaking news and sullivan precedent

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19
Q

St.Amant v. Thompson

A

Actual malice means more than just merely failing to investigate

20
Q

New York Times v. Sullivan

A

Unanimous decision for the times
-Brennan- 3 reasons why the decision couldn’t stand
1. discourage press from covering controversial issues
2.gov censorship through civil libel lawsuits
3.mass media needs “breathing space”

20
Q

Roseblatt v. Baer

A

Actual malice applies to minor public officials and public official applies to anyone who has substantial responsibility for the conduct of gov affairs

21
Q

Gertz v. Welch

A

USSC said Gertz didn’t do anything to thrust himself into the public eye so he only had to prove negligence not actual malice
-set negligence standard

22
Q

Involuntary public figures

A

Drawn into the public eye

23
Q

Time Inc V. Firestone

A

Person divorcing a public figure is a private person

24
Q

Damages in libel

A

As a civil case libel involves monetary damages

25
Q

Actual damages

A

Most common type of damage in a libel case; plaintiff must show how defamation damaged their reputation, caused humiliation, and/or mental suffering

26
Q

Punitive damages

A

Punishment damages designed to send a message for egregious behavior

27
Q

Major defenses to libel

A

truth, privilege, fair comment and criticism

28
Q

Oprah Winfrey mad cow disease

A

Oprah disparaged beef, but the story was newsworthy and didn’t want to created chilling effect

29
Q

Truth as a defense

A

Best defense for libel
traditionally the burden of proof is on defendant, but in Philadelphia v. Hepps it was initially switch to the plaintiff

30
Q

Masson v. New Yorker Magazine

A

To protect free speech journalists don’t have to be absolutely precise in every direct quote, but you can’t falsify

31
Q

Privilege as a defense

A

absolute privilege, qualified or conditional privilege, fair comment and criticism

32
Q

Absolute privilege

A

all gov affairs

33
Q

Qualified or conditional privilege

A

journalists can report what elected officials say as long as it is accurate and obtained from an official source

34
Q

Hutchinson v. Proxmire

A

what is said on the senate floor is protected but a news release is not

35
Q

Fair comment and criticism

A

protects opinions expressed on people in the public eye

36
Q

Milkovich v. Lorain Journal Co.

A

Opinion can’t be proven true or false, so accusing someone of perjury is a factual allegations

37
Q

Ollman V. Evan

A

separation of fact from opinion

38
Q

Ollman test

A

-Can t be proven true or false
-common meaning of the words
-journalist context
-social context -

39
Q

Other libel defenses

A

jurisdiction, statue of limitations, responsible reporting, and retractions

40
Q

Libel and the internet

A

Section 230 of comm decency act provides broad protection for internet companies

41
Q

Amanda Bonnen

A

Sued for tweet about landlord, case was dismissed

42
Q

U.S. V. Alvarez

A

stolen valor act was initially content based so strict scrutiny applied, which protected Alvarez lying

43
Q

Emotional distress

A

intentional and negligent infliction of emotional distress

44
Q

Plaintiffs and emotional distress

A

plaintiffs don’t often win these cases

45
Q

Hustler Magazine V. Falwell

A

Court likens parody to political comedy

46
Q

Doe v. ABC

A

sued for nied

47
Q

Privacy is 4 diff legal rights

A

appropriation, intrusion, private facts, false light

48
Q

Appropriation

A

Use of someone’s name or likeness for commercial purposes w/out permission
two torts- commercialization and right of publicity

49
Q

Intrusion

A

Intruding upon plaintiff’s solitude or seclusion

50
Q

Private facts

A

The law weighs a person’s privacy with legitimate public concern and newsworthiness

51
Q
A

Media Law (2 decks)

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