Flashcards
Comm Law Test 2 (Libel, Privacy)
Cards in this deck (21)
- 1Four Invasion of Privacy TortsUnreasonable Intrusion
Disclosure of private facts
False light
Misappropriation - 2Legal Defenses in Invasion of Privacy Cases1. Consent
2. Newsworthiness and Legitimate Public Interest.
3. The Constitutional defense. - 3Consent can take 3 forms:Written
Oral
Implied - 44 Categories of Libel per sea. Charges or claims that a person has committed a crime.
b. Statements disparaging a person’s competence in his or her business, trade, profession or calling.
c. Statements asserting or implying that a person has a contagious or offensive (loathsome) disease.
d. Charges or claims concerning an individual’s personal habits
or character, especially sexual immorality. (moral turpitude) - 5Elements that must be established by the plaintiff for the Libel Lawsuit to succeed1. Publication
2. Identification
3. Defamation
4. Damage, Injury or Harm
5. Fault - 6Libel Defenses1. Substantive defenses (provable truth)
2. Technical defenses (consent)
3. Some other defenses that have been attempted and have been recognized in some jurisdictions. (common or mutual interest)
4. neutral reportage - 75 Current Members of the Supreme Court1. John G. Roberts, Jr., Chief Justice
2. Antonin Scalia, Associate Justice
3. Anthony M. Kennedy
4.Clarence Thomas
5. Elena Kagan - 8ruled that for a public official to prevail in a libel lawsuit, then there has to be actual malice.New York Times Co. v. Sullivan
- 9The plaintiff sued the Defendant for printing an advertisement about the civil rights movement in the south that defamed the Plaintiff.New York Times Co. v. Sullivan
- 10Edwin Walker sued the AP cause it "had" erroneously reported that Walker "led a charge of students against federal marshals' during a riot bout first black student @ Ole Miss.Associated Press v. Walker
- 11Associated Press v WalkerNo actual malice was found. Public figures do not automatically have a legit claim to damages if malice cannot be proven.
- 12Because private individuals have less effective opportunity for rebuttal of libel than do public officials and figures, then they are more vulnerable to injury.Gertz v. Robert Welch Inc
- 13The standard of defamation for individuals was established as negligence.Gertz v Robert Welch Inc
- 14the John Birch Society accused Gertz of being a "Leninist" and "Communist-fronter"Gertz v Robert Welch Inc
- 15Established that states could defines themselves the appropriate standard of liability to a private individual.Gertz v. Robert Welch Inc.
- 16Time Inc. published that the Firestone marriage had been granted on grounds of extreme cruelty and adulteryTime, Inc. v. Firestone
- 17Ruled that respondent was not a "public figure" so the decision in Gertz v. Robert Welch, Inc. did not standTime, inc. v. Firestone
- 18Petitioner brought suit against Respondent when it published an article which implied Petitioner had lied under oath in judicial proceeding.Milkovich v. Lorain Journal Co.
- 19Maple Heights High School in OH put on probabtion for injuries.Milkovich v Lorain Journall Co
- 20Issue: whether a newspaper can be held liable for defamation, when it publishes an article about a private figure...Milkovich v. Lorain Journal co.
- 21Granted the right to fair comment: an opinion as long as you don't state a factMilkovich v Lorain Journal Co.
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- Flashcards on Comm Law Test 2 (Libel, Privacy), created by masykes_10 on 29/10/2013.
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