Week Six Notes

  1. What are three qualified libel defenses?
    Actual malice, neutral reportage/fair report, and opinion/fair comment
  2. What year did NY Times v. Sullivan take place?
  3. In this case, a full page ad was published to help raise funds in the NYT for MLK's defense fund. People such as Jackie Robinson, Marlon Brando signed the ad.
    NY Times v. Sullivan
  4. Before 1964, what did you have to do to win a libel suit?
    Simply prove that the article was wrong
  5. What was the result of NYT v. Sullivan?
    The actual malice test
  6. Who must actual malice be proven for?
    Public officials
  7. What is the strategy in a libel case for the defendent?
    To make the plaintiff a public figure
  8. If a person is a private citizen, what must be proven in a libel case?
  9. Protects media from liability for publishing defamatory information from government documents.
    Fair report
  10. Protects media from liability for publishing defamatory comments made by a third party.
    Neutral reporting
  11. Who won in the case between ESPN and Laurie Fine?
    ESPN, because they were reporting from a court document about Fine having sex with players.
  12. When something is related to a public controversy (neutral reporting criteria)
  13. What year did Khawar v. Globe take place?
  14. What did the Globe say Khawar was involved in?
    The killing of Robert Kennedy
  15. What did the Globe try to use as a defense against Khawar?
    Neutral reportage
  16. Who won in Khawar v. Globe?
  17. Figurative language. Don't expect anyone to take you seriously. "The best pizza I've ever eaten..." etc.
    Rhetorical hyperbole
  18. Pure opinion based on true facts
    Fair comment
  19. What year did Bentkowski v. Scene Magazine take place?
  20. Why did the mayor lose in Bentkowski v. Scene magazine.
    Because it was protected opinion and figurative language
  21. When you criticize a product, this can be considered
    Veggie libel
  22. What year did Texas Beef Group v. Winfrey take place?
  23. Who won in Texas Beef Group v. Winfrey?
    Oprah. She expressed an opinion, and it couldn't be proven that she caused significant harm
  24. When a publication is intentional or reckless, offends accepted standards of decency or morality, causes plaintiff emotional distress, and that it is severe.
    Intentional infliction of emotional harm
  25. What year did Hustler v. Falwell take place?
  26. What did Jerry Falwell accuse Larry Flynt of?
    Intentional infliction of emotional harm
  27. A lawsuit designed to silence free speech, with the goal to stop criticism out of fear, intimidation, rising legal costs, fatigue.
  28. Are there anti-Slapp laws?
  29. International forum shopping for libel suits.
    Libel tourism
  30. Is there an actual malice test in foreign countries?
  31. What did the Speech Act of 2010 do?
    Anti-libel tourism law.
  32. What are the four categories of invasion of privacy?
    Appropriation, intrusion, private facts, and false light.
  33. Using someone's likeness without permission in order to sell something
  34. A type of appropriation for private people.
  35. What is the defense of commercialization?
  36. Appropriation of public figures.
    Right of Publicity
  37. What year did Carson v. Here's Johnny take place?
  38. Who wins in Carson v. Here's Johnny?
    Johnny Carson. The phrase had been used for 20 years, everyone knew it was associated with him.
  39. What year did Keller v. Electronic Arts take place?
  40. What is the decision in Keller v. EA?
    None. Last oral arguments were heard in July 2012. Keller won in district court though.
Card Set
Week Six Notes
Comm Law