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32 Cards in this Set
- Front
- Back
elements of libel
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defamation: hurts someone’s reputation
identification: by name or some other designation understood by someone other than the victim and perpetrator publication, communication, or dissemination: to someone other than victim or perpetrator fault: provably false message communicated with actual malice or negligence damages: tangible or intangible losses compensated by money |
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libel defenses
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truth: plaintiffs have burden of proving falsity
privilege: fair and accurate accounts of what occurs during many government proceedings or appears in many public records fair comment: statement of opinion (as opposed to provably false facts) |
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New York Times v. Sullivan (1964)
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libel suit against NYT by police commissioner of Montgomery
Court ruled that public officials must prove actual malice to win suits against media |
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Gertz v. Welch (1974)
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reinstated differences between public and private figures
created "limited purpose public figures": those who have thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved set up two levels of fault: actual malice and negligence public figures must prove actual malice states can allow private persons to prove level of fault against media short of actual malice, but in no case media can be held to strict liability abolished presumed damages except when actual malice is proved plaintiffs can win special (out-of-pocket) and general (hurt reputation) damages |
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Milkovich v. Lorain Journal Co. (1990)
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wrestling coach sued columnist who accused him of lying under oath
Court held that opinions with false factual implication have no separate Constitutional protection in libel suits |
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Janklow v. Newsweek (1986)
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Newsweek implied Janklow, governor of South Dakota, prosecuted Dennis Banks, Native American activist, for revenge after Banks falsely accused him of raping an Indian girl
ruled it was criticism involving issues of national importance listed criteria to differentiate between fact and opinion: precision and specificity of statement verifiability of statement literary context of statement: type of publication, style of writing, and intended audience public context of statement |
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Rosenbloom v. Metromedia (1971)
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magazine dealer George Rosenbloom was arrested in a police campaign against obscenity
radio station owned by Metromedia called him "smut dealer" and "girlie-book peddler" Court ruled Rosenbloom a public figure seemed to say that media could bootstrap themselves out of a lawsuit by publicizing person's activities to generate public interest |
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Hutchsinson v. Proxmire (1979)
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Proxmire awarded satirical Golden Fleece to Hutchinson
Court ruled that it was beyond limits of qualified privilege ruled that Dr. Hutchinson, research director of a major state-controlled mental health facility, was not a public figure |
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Time Inc. v. Firestone (1976)
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Russell Firestone sued his wife for divorce
Court ruled she was a private person dissolution of marriage is not public controversy |
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Section 230 (Telecommunications Act of 1996)
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declared Internet service providers are not to be treated as publishers and held liable for content of messages they carry, regardless of content filtering systems to screen out objectionable material or not
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anti-SLAPP laws
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many lawsuits are meant to intimidate commonplace citizens from speaking out (SLAPP)
anti-SLAPP laws protect against corporate harassment |
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Roberson v. Rochester Folding Box Co. (1902)
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Abigail Roberson’s picture used without permission in flour ad
court ruled that "right to privacy" didn’t exist yet |
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Katz v. U.S. (1967)
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monitoring devices on public telephone booths
"a person’s right to privacy extends to all areas where there is a justifiable expectation of privacy" |
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Roe v. Wade (1973)
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abortions are a private matter between a woman and her physician in early months of pregnancy
states may not place undue burden on a woman’s right to choose an abortion |
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Lawrence v. Texas (2003)
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gave constitutional right of privacy for homosexual acts
"the state cannot demean their existence or control their destiny by making their private sexual conduct a crime" |
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four torts of privacy
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intrusion upon seclusion
public disclosure of embarrassing facts false light misappropriation |
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privacy defenses
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newsworthiness
consent |
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Dietemann v. Time Inc. (1971)
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two Life magazine reporters took pictures of a doctors practice while posing as patients
Court ruled that pictures and story was newsworthy, but the reporters intruded on Dietemann’s privacy while gathering info no right to use hidden electronic devices in the man’s home |
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Florida Publishing Co. v. Fletcher (1976)
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photographer took picture of silhouette left by a girl’s body after a fire because the police ran out of film
fire marshal asked photographer to take the picture Florida S.C. found no actionable trespass or invasion of privacy |
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Galella v. Onassis (1973)
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Galella photographed Onassis and her children to the point that they felt threatened
Galella’s conduct was outrageous and therefore could be restricted |
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Sanders v. ABC (1999)
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ABC used hidden cameras to infiltrate psychic telephone business
even workers who talk openly to co-workers have “a limited, but legitimate, expectation of [privacy]” |
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Flanagan v. Flanagan (2002)
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a communication is confidential and therefore cannot be secretly taped, whenever any party believes it is not being taped or monitored by anyone else
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Bartnicki v. Vopper (2001)
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broadcaster had the right to air a pirated tape recording of a private cell phone call because the tape was lawfully obtained from a third party and it was newsworthy
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Cox Broadcasting v. Cohn (1975)
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rape victim’s name was published
a state can report the contents of open court records |
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Time Inc. v. Hill (1967)
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Hill sought damages against Time for embellishing kidnapping experience
"persons involved matter of public interest could not win a false light privacy suit" without proving actual malice |
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Cantrell v. Forest City Publishing (1974)
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Cleveland Plain Dealer reporter wrote a follow up story on the family of a collapsed bridge victim
made the Cantrells seem more poor than they were Court held that the paper did publish falsehoods, and as such, was liable for the actions of its reporters |
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Sinatra v. Goodyear (1970)
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courts said it was clear that Nancy Sinatra was not singing the song nor appearing in the ad
Sinatra’s right of publicity had not been violated |
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Midler v. Ford Motor Company (1988)
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recording sounded so much like Midler that listeners thought it was her
jury awarded her damages |
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Cher v. Forum International (1982)
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publication of article did not violate right of publicity but the advertising for it did
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Booth v. Curtis Publishing (1962)
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allowed Holiday magazine to use a previously published photo of actress Shirley Booth in later advertising for magazine
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Hoffman v. Capital Cities (2001)
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Hoffman’s head was superimposed on a model in a designer’s dress
magazine had a First Amendment right to publish the altered photograph of Hoffman as news, particularly because he made a movie in which his character cross-dresses |
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Zacchini v. Scripps-Howard Broadcasting (1977)
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Zacchini's human cannonball act was broadcasted in its entirety
Court declared that the First Amendment did not protect a broadcaster who took a performer’s entire act and showed it without consent |