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Defamation
publication of any statement that injures reputation or lowers esteem
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odds press will win a libel suit
why?
- under 50/50
- 1. complex law
- 2. 1st amend. complex
- 3. low regard of media
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SLAPP suit
- Strategic Lawsuits Against Public Participation
- used to silence critics
- 20+ states w/ anti-SLAPP laws
- Cali has broadest anti-SLAPP law
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Proof of libel
- 1. publication
- 2. identification
- 3. defamation
- 4. falsity
- 5. fault
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Publication
seen by publisher, person defamed, and one other
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Presumed Publication
anything published in mass media outlet
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Republication
- considered a new account of libel
- distributers exempt if they don't have scienter (guilty knowledge) beforehand
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Ways of identification
- Name
- Nickname
- Photo
- References clear to a single individual
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Group restrictions on libel
- large groups not libelous
- small groups libelous as individuals
- no law on specific number
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types of defamation
- libel per se - specific words
- libel per quod - contextual
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single mistake rule
- story of one mistake in business - not defamatory
- story of pattern of mistakes in business - defamatory
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aspect libel law protects most
individuals in their job
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trade libel
criticism of product
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proof of trade libel
- 1. false
- 2. monetary loss
- 3. motivated by malice
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falsity
- only must be proven by public persons or matters of public concern
- private cases put burden of proof on defendant for truth
- minor errors do not count
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NYT v. Sullivan
- civil rights leaders purchase advertisement in NYT describing violence against blacks
- Montgomery police commissioner sued for libel - not id'd by name
- AL court awarded Sullivan $500K, SC overturned with "actual malice" law
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3 types of public figures
- public officials
- all purpose public figures
- limited purpose public figures - put themselves in public light
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public figures must prove
- knowledge of falsity
- reckless disregard for the truth
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private persons must prove
failure to exercise reasonable care (aka negligence - only used since 1974)
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Intentional Infliction of Emotional Distress
- 1. intentional
- 2. extreme
- 3. caused emotional distress
- 4. distress was severe
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summary judgement
no evidence to prove issue
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procedure for summary judgement
- 1. plaintiff makes written allegations to court
- 2. defendant argues summary judgement
- 3. if reasonable man couldn't find reason in plaintiff's case, summary judgement granted
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statue of limitations
- law requiring case to be filed within a certain time period
- libel in AR = 3 years
- time begins when material is published
- libel suits can be tried in any state in which publication was circulated
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absolute priveledge
remarks of government officials as part of their duties
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qualified priveledge
media reporting on speech under absolute priveledge
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rhetorical hyperbole
language so expansive it could only be opinion
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pure opinion
statement incapable of being proven true or false
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consent
libel can not take place if plaintiff gave prior consent (or implied consent) to publication
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actual damages
for actual injury - monetary, reputation, humiliation, mental suffering, and community standing
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punitive damages
punish defendant for misconduct and warn others
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retraction
publisher must have time to offer a retraction before libel suit
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