Chapter 6: Defamation

Incremental harm

if a false statement causes no significant harm to someone's reputation beyond the true statements. Ex: Jared Fogel and Jay Simpson

Defamation Defined:

the publication of material that would tend to hold one up to hatred, ridicule, contempt or scorn.

Fair report privilege

an open society demands members of the public have access to information relating to governmental proceedings.

___ ___: libel plaintiffs must prove actual injury to their reputations to receive damages.

Actual injury

Sullivan was a white law officer in the 1960s in ____, didn't hurt his reputation.

Alabama

Public officials and public figures usually enjoy significantly greater access to channels of effective communication, this means they have....

more reach

At a minimum, private persons must prove ___ in defamation cases

negligence

So ____ is the standard of fault for private person libel plaintiffs

negligence

___ by writing is perceived to cause greater harm.

Defamation

___ will try hard to prove that a plaintiff is a public person.

Defendants

A person remains a public ____ for the purposes of the actual malice rule even after leaving office.

official

Under ___ ___, when a libel action is filed, statements upon which the action was based are presumed to be false.

common law

New modes of ____ have developed that often make the distinction between libel and slander obsolete.

communication

Rules of ___- Most states use the reasonable construction rule. Context is important

construction

Constitutional and State law- _____ have noted the value of a good name.

courts

For ___, a plaintiff has to identity the originator(s) of libel who posted. anonymously on the internet.

cyberlibel

In the US, ____ was one of the earliest legal actions available against the press.

defamation

Interpreting ____- this is recipient oriented and several factors apply.

defamation

The vast majority of __ suits are overturned on appeal.

defamation

There must be a balance between ____ and freedom of speech.

defamation

The libel defendant is by no means ___.

defenseless

Libel ___ assert that important issues of public concern should be debated in a free, open, and uninhabited manner.

defenses

Libel ___ begin by attempting to defeat the plaintiff's case. If you beat at least one part, you will most likely win.

defenses

Libel law acts as a ___ on the publication of false and injurious speech.

deterrent

Libel law attempts to compensate for ___ and ____ injury.

economic, emotional

Letters to the ___ are typically viewed as statements of opinion not fact.

editor

Reports on the __ branch are typically privileged.

executive

Reckless disregard is subjective test like ___ is.

falsity

There are various degrees of ___ that are applied.

fault

The __ ___ protects the freedoms of speech and press.

first amendment

The court has recognized that ___ ___ is vital.

free speech

Who counts as a public person?

Public officials and public figures

___- defamatory material is disseminated to someone other than the person defamed.

Publication

Reports on the ____ branch are privileged.

legislative

Issue-specific publication

libel plaintiffs with tarnished reputations are libel-proof in only that topic area.

When a person's reputation is so bad that a false accusation can't harm it, they are considered ___-___.

libel-proof

Public officials and figures must prove actual ___.

malice

Having more reach means they can set the record straight because they have access to the ___ / or as best as they can to set the record straight

media

The fair report privilege protects...

media reports of official government actions, regardless of possible defamatory elements.

New York Times Co. v. ___ (1964) Were errors in NYT, some details weren't true

Sullivan

Public officials are...

persons in government who are in or appear to be in policy-making roles. Ex: Vice president, state reps are government officials.

Impact of Gertz v. Welch

The court ruled that both public officials and figures must prove actual malice in cases involving matters of public concern. States may define for themselves the appropriate standard of liability for a publisher or broadcaster. (Fault has to be present.)

Opinion defense- both constitutional and common law roots

They try to do this on page 104, Omen task (?) Another example of opinion/perception. Statement of fact or opinion. At the mercy of a judge.

Criminal libel- ____ states have statutes that allow the government to prosecute for libel.

Thirteen

Libel laws protect the reputational interests of ____.

individuals

Online republication

internet users cannot be held liable for posting defamatory statements prepared by someone else.

A public official must establish that...

a defamatory statement was directed at the official rather than at their government unit.

Reports on the ___ branch are conditionally privileged.

judicial

So a media organization's defence against libel is that limiting its ability to convey information is a first amendment ____.

abridgement

Freedom of speech is not

absolute.

A ___ can prevail by showing they did not publish the statement, that the statement was not understood by a third party, or that it was published so long ago that the statute of limitations expires (1 year)

plaintiff

Executive ___ exist.

privileges

Date of ___ is important as well.

publication

Republican is considered tantamount to __. (?)

publication

The wire service defense

publication of information from a business that expressly provides information to news organizations. Has to be respected / reputable

The distinction between libel and slander originated when __ ___ ___ ___ ___.

relatively few people could read.

Fair comment and criticism

someone who exhibits themselves to the public can be criticized freely.

Need to go over the nature of the ___.

statement

As a result, more than __ jurisdictions established negligence as the private-person fault standard.

40

___ ___ ____ - additional information is required to prove a statement defamatory.

Libelous per quod

___ ___ ____ - statement is defamatory on its face. / clear case of defamation.

Libelous per se

___ stated that presumed or punitive damages may not be awarded absent a showing of actual malice.

Court

Public figures- Curtis Publishing Co. v. Butts (1967)

Can argue that public figures are more popular than public officials

In terms of relational interest, there are four types of reputational harm:

Does it interfere with the plaintiff's existing relationships with other people? Does it interfere with your future relationships? Does it destroy a favorable public image? Does it create a negative public image for a person who previously had no public image?

Negligence is...

Failure to act as a reasonably or ordinarily careful person would under similar circumstances.

___- the defamation was of and concerning the plaintiff.

Identification

Truth

If what you have said is in fact true, then it is a defense against libel.

___- occurs when false impressions arise from truthful statements.

Implication

___ has the very real possibility of chilling speech.

Libel

___ suits are still common

Libel

Neutral reportage- protects accurate, unbiased reporting.

Judiciary does not take that as a defense strategy. No such thing as an unbiased reporting.

___ __ ___- professional communicators rarely publish anything knowing it is false.

Knowledge of falsity

Offending material must be defamatory.

True

The statements must be one of fact, not opinion- there is no such thing as a false idea.

True

Standard 1: The false and defamatory statement of fact concerning the plaintiff was sent to a third party publication. 2: the publication was not privileged and the publisher was at fault 3: Prove the publication caused actual injury.

Yes