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media law


undefined, object
copy deck
What is Gertz v Welch
divides public Figures into all purpose, limited and public officials. Actual malice must be proved for pub officials
ST Amant v Thompson stood for?
Reckless disregard is caled for when ther judge has a high awarness of probable falsity of accusations, journalist has serious doubts about the story, accusations are so improabbale that only a reckless person would have published it
Hustler v Falwell
Actual malic is not inclusive of a public figures' emotional distress
Harte- Hanks Communications
If you do not pursue the truth because it will wreck you story it is actual malice
MIlkovich v Lorain Journal Co
proved that for a statement to be actionalble it must be provably false
US v Dickinson
One must obey the court even if the court appeal is unconsitutional
US v Providence
ONe must follow the ocurt oredes but if it is a "transparently invalid" and we are not granted an immediate appeal we can disobey court order
Near V Minnesota
landmark case for prior restraint, makes prior restraint almost always unconstitutonal under the 1st amend (with aid of 14th amend)
watchdog function
Nebraska Press Assn v Stuart
established 3 rules for gag order: nature of content/coverage, other measures used to mitigate, how effective a restriaing order would be to prevent threatened danger
Butts V Curtis Public Co
established that public figures must prove actual malice
New York Times V Sullivan
sets the standard of Fault for public officals to be actual malice
Pentagon Papers
proved that prior restraint is unconstitutional , govt bears burden
THE exception to Pentagon Papers
During WAr time prior restraint can happen if they prove that the publication will cause "direct, immediate, and irreparable harm" to the nation
masson v New York Magazine
editor can edit direct quotes so as not to add liblelous meaning to them
nesbit v multimedia
to prevent actual malice you must prove that you have atleast 1 relaible source
What is actual Malice
knowledge of falsity of reckess disregard for the truth
how do you become a limited/vortex figure?
demfamation must involve public controversey, plantiff must involuntarily thrust themself into public controversey, hte plantiff must have trid to affect the outcome of controversy
what is negligence
Acting other than in a manner in which a reasonlable carful or ordinarily prudent person would act or failure to folow accepted professiona practices/standards
what does reckless disregard for the truth mean?
focuses on what the publisher should have know at publication, the publisher shows htey did not care about the truth and published it any way
What are 3 types of damages in libel?
actual injury, pecuniary loss, actual malice
what is a public official
a person who is a government employee with responsibility for developing public policy or making important government decisions

ex elected public officals/candidates for office1
A judge must consider what in a gag order
the extent of coverage, whether other measures could be done, how effective would a gag order be to prevent the threat of danger
what is the republication rule?
a journalist is leggally responsible for repeating libelous statements made by another
what is fault
falt is the highest element of libel that must be proved, NYT v Sullivan ( new standard)
Prior restraint is ?
the prohibition of expression at the source by the government . The press can't establish informaton before the fact
exception to the republication rule
wire service defense
online republication
identification in libel requires
3rd party reconginition
what are 6 elements to prove libel by a plantiff
identification, publication, falisity, defamation, fault, injury
what is an all purpose public figure
an individual with widespread fame or notoriety wh ohas special prominience in society and commands public and media attention.

Gertz v Welch
What are the plantiff categories and standards of fault
public official (AM- NYT sullivan), All purpose pub figure (AM GERTZ), Limited Public figure (AM GERTZ)
Private Person ((Negligence,GERTZ)
publication in libel is
a 3rd party must be able to access the publication
why does the governement not sue for libel
they are not allowed because they will promote achilling effect
seditious libel is
the harsh criticism of the government
who can sue for libel
a living indiv, a business, non profit group, gov't employees with no power
defamation is?
false said htings about a person or company that harms their reputation
what is libel
false defamaiton that is shown to another person/ saying bad things that are not true in a written or published form
what ar the 3 standards pf faut;
strict liability, actual malice, negligence
what are the 3 types of prior restraint
taxes, licenses, injunctions
3 exceptions to near v minnesota
publications that jeapordize national security, obscene publications, publication threatens to encite violence or overthrow government
what is criminal libel
the crime of making public statementds that disturb peace by inciting racial hatred or criticizing public officals

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