1. Defamation
    publication of any statement that injures reputation or lowers esteem
  2. odds press will win a libel suit
    • under 50/50
    • 1. complex law
    • 2. 1st amend. complex
    • 3. low regard of media
  3. SLAPP suit
    • Strategic Lawsuits Against Public Participation
    • used to silence critics
    • 20+ states w/ anti-SLAPP laws
    • Cali has broadest anti-SLAPP law
  4. Proof of libel
    • 1. publication
    • 2. identification
    • 3. defamation
    • 4. falsity
    • 5. fault
  5. Publication
    seen by publisher, person defamed, and one other
  6. Presumed Publication
    anything published in mass media outlet
  7. Republication
    • considered a new account of libel
    • distributers exempt if they don't have scienter (guilty knowledge) beforehand
  8. Ways of identification
    • Name
    • Nickname
    • Photo
    • References clear to a single individual
  9. Group restrictions on libel
    • large groups not libelous
    • small groups libelous as individuals
    • no law on specific number
  10. types of defamation
    • libel per se - specific words
    • libel per quod - contextual
  11. single mistake rule
    • story of one mistake in business - not defamatory
    • story of pattern of mistakes in business - defamatory
  12. aspect libel law protects most
    individuals in their job
  13. trade libel
    criticism of product
  14. proof of trade libel
    • 1. false
    • 2. monetary loss
    • 3. motivated by malice
  15. 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
  16. 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
  17. 3 types of public figures
    • public officials
    • all purpose public figures
    • limited purpose public figures - put themselves in public light
  18. public figures must prove
    • knowledge of falsity
    • reckless disregard for the truth
  19. private persons must prove
    failure to exercise reasonable care (aka negligence - only used since 1974)
  20. Intentional Infliction of Emotional Distress
    • 1. intentional
    • 2. extreme
    • 3. caused emotional distress
    • 4. distress was severe
  21. summary judgement
    no evidence to prove issue
  22. 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
  23. 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
  24. absolute priveledge
    remarks of government officials as part of their duties
  25. qualified priveledge
    media reporting on speech under absolute priveledge
  26. rhetorical hyperbole
    language so expansive it could only be opinion
  27. pure opinion
    statement incapable of being proven true or false
  28. consent
    libel can not take place if plaintiff gave prior consent (or implied consent) to publication
  29. actual damages
    for actual injury - monetary, reputation, humiliation, mental suffering, and community standing
  30. punitive damages
    punish defendant for misconduct and warn others
  31. retraction
    publisher must have time to offer a retraction before libel suit
Card Set
Communication Law Test 2