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