Chapter 4: libel/ plaintiff
What is the legal definition of actual malice?
A statement with reckless disregard for the truth. If a plantiff is a public figure, they must prove that a statement was printed even though the publisher knew it was false to prove libel.
Why is the standard for winning a libel case different for a public figure than for a private figure?
Because a public figure is more well known and held to a higher standard
What does Section 230 of the Communications Decency Act do?
It provides immunity from liability for providers and users of an "interactive computer service" who publish information provide by others.
What would it take for fictional story to be considered libelous?
It requires a false and defamatory statement of fact of and concerning an identifiable living person. If real people are depicted in your work only as engaging in acts they actually engaged in, there is no falsity. Don't
What is a SLAPP suit?
Law suits whose purpose is to harass critics into silence, often to suppress those critics' First Amendment rights. They want to block these suits because it suppresses First Amendment rights. 28 states have anti-SLAPP legislation.
What's the difference between libel and slander
Libel is an untrue defamatory statement that is made in writing. Slander is untrue statement that is spoken orally. The difference is that a defamatory statement can be made in any medium.
What happened in NY Times vs. Sullivan?
The NY Times printed an article to solicit funds for Martin Luther King Jr. In the article the paper included some actions that were reported inaccurately. This case established that a public figure must prove that a publisher of a statement knew that it was inaccurate and false to prove libel.
What is Defamation
The action of damaging the good reputation of someone; slander or libel.
What are the four things a plaintiff would have to prove to move forward with a libel suit? Briefly define those four things.
The plaintiff must prove that the defendant made a false and defamatory statement concerning the plaintiff. 2.) The plaintiff must prove that the defendant made an unprivileged publication to a third party. 3.) The plaintiff must prove that the publisher acted at least negligently in publishing the communication. 4.) In some cases, the plaintiff must prove special damages. Plaintiffs must prove the element
What is "veggie" libel? How does Oprah Winfrey figure into that issue?
Veggie libel is laws that make it easier for food producers to sue critics for libel. Oprah was sued for making a comment about a beef company and mad cow disease. She was sued for making comments that were "not based on reasonable and reliable scientific fact". She was found not libel but does not speak on the issue.
Can you libel someone in no more than 140 characters?
Yes, you can libel someone in a simple tweet, if determined by a court
