Chapter 5

What was the significance of the Milkovich case?

(wrestling coach case) - put "no such thing as a false idea to the test - it tested the limits of an opinion defense

What is "truthiness?" How has it affected libel law?

- a truth that a person making an argument claims to know intuitively or because it "feels right" - even if that claim is without evidence (your gut) - it is part of discussions about increasing fuzziness between fact and opinion in the political arena

What is the wire service defense?

- the accurate republication of a story does not constitute fault if 1) the defendant received material containing the defamatory statements from a reputable newsgathering agency 2) the defendent did not know the story was false 3) nothing on the face of the story reasonable could have alerted the defendant that it may have been incorrect 4) the original wire service story was republished without substantial change

What is a retraction statute? How does it help the media?

-state laws that limit the damages a plaintiff may receive if the defendant had issued a retraction of the material at issue. Retraction statutes are meant to discourage the punishment of any good-faith effort of admitting a mistake. it helps them by reducing their obligation to pay damages and does not penalize them for indirectly achknowledging wrong info

Under what conditions can an opinion be libelous?

1) Is the statement verifiable (objectively capable of proof or disproof?) If it cannot be proved true or false, its probably opinion 2) What is the common usage or meaning of the words? 3) What is the journalistic context in which the statement occurs? (broadcast, blog, website, personal column - must consider context as a whole) 4) What broader social context does the statement fit into? was statement made in context where opinions aren't common?

What is the fair comment and criticism defense? When can it be used?

A common law privilege that protects critics from lawsuits brought by individuals in the public eye (ex. reviews of books and other works subject to public scrutiny) Can be used for anyone who comments on individuals and their work in the public eye (written works, works of art, restaurants)

What is summary judgment, and how can it serve as a defense?

A defendant asks court to dismiss lawsuit by deciding on certain points of a case - generally happens when a plaintiff is unable to meet certain requirements of burden of proof good for when plaintiffs have harrassed media by filing frivoulous lawsuits

What is the neutral reportage privilege?

A defense accepted in some jurisdictions that says that when an accusation is made by a responsible and prominent organization, reporting that accusation is protected by the First Amendment even when it turns out the accusation was false and libelous -recognition has been spotty

How can someone be "libel-proof?"

A plaintiff whose reputation is deemed to be so damaged already that additional false statements of and concerning him or her cannot cause further harm

What is the single-publication rule?

A rule that limits libel victims to only one cause of action even with multiple publications of the libel, common in the mass media and on websites

What is the fair report privilege?

It is a privilege claimed by journalists who report events on the basis of official records. The report must fairly and accurately reflect the content of the records.

What is rhetorical hyperbole? How does it figure into libel law?

Rhetorical hyperbole is emotional, exaggerated name-calling that an audience would not take as fact. It is typically not considered defamatory b/c the listener or reader knows the statement doesn't amount to anything, that they are not to be taken literally.

What is a statute of limitations? How can it be a libel defense?

a statute prescribing a period of limitation for the bringing of certain kinds of legal action. (delay in filing a libel lawsuit can work in favor of defendant when it is barred by the statute of limitation)

What absolute privileges exist in libel law? Who may claim them?

absolute privilege: a complete exemption from liability for the speaking or publishing of defamatory words of and concerning another because the statement was made within the performance of duty such as in judicial or political concerns Absolute privilege is an old common-law privilege that protects members of lawmaking bodies from charges of defamation for statements made "on the floor" of their legislative bodies, without regard for whether the words are stated in good faith. In addition, reports of proceedings of legislative bodies have absolute privilege, as do communications as part of a trial. media reports may claim them...government officials and broadcasters, required political programming

How did the court define the opinion defense in the Ollman case?

an opinion piece should get some protection from libel suits and came up with a four-part test for determining whether something was opinion:

What is the difference between an absolute and qualified privilege?

qualified privilege - people reporting on government proceedings have protection when the news report is fair and accurate - it only protects in certain circumstances

Are letters to the editor immune from libel suits?

they are not immune - but they are shielded like the media - where it appears within a publication is likely to have a significant bearing on whether it qualifies as an opinion

When is truth not a defense in a libel action?

truth is not a defense when you can prove actual malice: But the court in this case claims the discretion to infer malice, or ill will, simply from the context of the statement and in whether there are precedents for disclosure of particular truths.