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Libel is a legal action to compensate victims of defamatory communication. A victim must be identified - name, description, position, drawing, photograph. Words cannot be taken out of context; except for headlines 1. "Prez grows dope"
Libel is a legal action to compensate victims of defamatory communication. A victim must be identified - name, description, position, drawing, photograph. Words cannot be taken out of context; except for headlines 1. "Prez grows dope"
Libel is a legal action to compensate victims of defamatory communication. A victim must be identified - name, description, position, drawing, photograph. Words cannot be taken out of context; except for headlines 1. "Prez grows dope"
1. Libel: Mass media lose 72% of all libel suits brought to trial
a. Lose 80% of libel cases heard by a jury
b. On appeal Media wins 9/10 times i. Anti-press ii. Trial judges make mistakes iii. Instructions to jurors are misunderstood 2. Libel/Slander: Legal actions designed to compensate victims of defamatory communication a. Defamatory: to injure someones reputation b. Libel- written ; slander- spoken c. Roots go back to Ancient Rome i. Protect a citizens good name d. Most libel law occurs a state level many variations e. In order for libel to exist there is a number of tests i. Must be defamatory ii. Must be communicated broadcast, printed, posted iii. Must identify the victim name, description, position, drawing, photograph iv. Must be an element of fault negligent or malicious 1. If you cant prove 4, must prove 5 v. Must prove damages f. Scienter i. Guilty Knowledge ii. Does not apply to book store owners: physical or online g. Idea of libelous words i. Missouri: book of words that can be libelous 1. Often hold someone up to ridicule, hatred, or scorn ii. Words cannot be taken out of context; except for headlines 1. Prez grows dope iii. Change of words over time 1. Modern context a. Gay in the 90s b. Gay 2015 3. Categories of libel suits a. Accusation of a crime b. Sexual slurs c. Personal habits/characteristics d. Religion and politics e. Business reputation 4. Defenses for libel a. Truth i. J.P. Zenger 1. Left concept of seditious libel b. Privilege i. Absolute: pertains to legislative forums, executive forums, judicial forums
1. Intent to have as much free exchange of communication
possible ii. Qualified: pertains to media 1. Protect the reporter, reporting on libelous statements made by others in the government forum a. Fair and accurate b. Statute of limitations i. Missouri, Iowa around 2 years c. Fair Comment i. Statement of opinion about the performance of a person who places themselves in the public lime light ii. Three part test 1. Is the comment an opinion 2. Is the subject/person a legitimate public interest 3. If the opinion is about a person does it focus on the public not private aspects of the persons life 5. Who can sue for libel a. A living individual i. A family of a deceased person could not sue for libel ii. Has since been challenged b. Corporations generally cannot sue for libel i. Personal Right not a Property Right c. Governments may not sue i. Individuals within a government can sue 1964 New York Times v. Sullivan
Group took out an editorial ad in NYT to criticize Alabama officials targeted
Montgomery police Chief (Sullivan). Black children singing star spangled banner actually singing America The Beautiful Element of fault Negligence U.S Supreme Court o Overturned lower court conviction Importance take away from this case Public figure had to prove malice, not just negligence Lowered the bar for who a public figure was
1974 Gertz v. Welch
Chicago civil rights attorney (Gertz), he was libel in American Opinion.
Magazine accused Gertz of being a communist, and a criminal Gertz sued Defense argued he was a public figure Supreme Court said in regards to the libel statement he was a private person
1976 Firestone v. Time
Firestones were social elite couple in Palm Beach, Fl.
Time magazine ran a blurb about a divorce between the Firestones
Divorce was granted on grounds of adultery
Mary Alice sued Supreme Court o Ruled in favor of Mary Alice Firestone Saying she was not a public figure in regards to divorce action o
Two types of Public Figures
All purpose public figure
o
both categories must prove actual malice
1979 Wolston v. Readers Digest
Wolstons aunt and uncle were convicted Russian spies
Cited for contempt Years later, Readers Digest included his name in a list of Soviet agents Supreme Court o Key: Court found in favor of Wolston Engaging in criminal activity didnt automatically make someone a public figure