media law
Terms
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