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Flashcards

Section 3,4,5

Arianna Suero Inglês 78 flashcards

Flashcards do conjunto (78)

  1. 1NY TIMES V. SULLIVAN part 1 -what happensNYT, supporting the Civil Rights mvmnt makes false statements about what happened in Montgomery w/ student protests and about the police's treatment of MLK.
    The basic thrust of the charges contained in the advertisement was true; but the ad, was filled withsmall, factual errors.*
  2. 2NY TIMES V. SULLIVAN part 2 -sullivan sues for? why is he suing? what did trial court rule?Ala., police commissioner L.B. Sullivan, who sought $500,000 in damages for false and defamatory statements. Sullivan was never named in the ad, but contended that comments about the behavior of the Montgomery police reflected on him. Trial court ruled on behalf of Sullivan, and his damage award was upheld by the Ala. Supreme Court.
  3. 3NY TIMES V. SULLIVAN part 3 -what does Alabama's strict liability standard have do with the case? -what does NYT do about this?-NYT is liable even if they didn't write the advertorial or know that parts of it were false.
    -NYT appeals and claim strict liability shouldn't cut it for public officials.
  4. 4NY TIMES V. SULLIVAN part 4 -what did U.S. Supreme Court rule? - Sullivan could not recover damages unless __ -This creates ____reversed the decision, ruling that Sullivan could not recover damages in this case unless he proved that NYT published the false & defamatory ads either knowing it was false or that the paper exhibited reckless disregard for the truth when it printed the material.
    a fault standard of actual malice for public officials.
  5. 5define who is a Public officialIndividuals who work for a government in a position of authority, who have substantial control over the conduct of governmental affairs, and whose position in government invites independent public scrutiny beyond the general public interest in the qualifications and performance
    of all government employees.
  6. 6Some of the criteria for determining when a nonelected government employee is a public official include: (3)1. The level of responsibility the individual has. In other words, how important is the job?
    2. The kind of responsibility the person has.
    3. Does the individual have the authority to spend public money independently, without supervision?
  7. 71. Any person who is elected to public office, to even the most lowly public office, qualifies as ______ 2. Individuals who are appointed to or hired for government jobs may qualify ____ 3. T/F not everyone who works for the government will be regarded as a public official.as a public official.
    2. as public persons in a libel action. It depends on the nature of the job.
    3. TRUE.
  8. 8Individuals deemed to be public figures must also prove _______ when suing for libel.actual malice
  9. 9what is an All-purpose public figurePeople who occupy positions of
    persuasive power and influence in the nation or in a community, who are usually exposed to constant media attention.
  10. 10what are voluntary Limited-purpose public figuresIndividuals who voluntarily inject themselves into an important public controversy in order to influence public opinion regarding the resolution of that controversy.
  11. 11List of 3 factors for determining who is a limited-purpose public figure-A public controversy exists (must exist before the publication of the libelous matter.) The outcome of this controversy must have an impact on individuals beyond those directly involved in the dispute.
    -Voluntarily injects themselves into controversy (The press cannot generate a controversy and then pull the plaintiff into the fray.)
    -Seeks to resolve controversy/influence outcome
  12. 12what does it mean to be private personmeans the plaintiff will not be required to prove that the defendant lied or exhibited reckless disregard for the truth in publishing the libel. The plaintiff will have to demonstrate only that the defendant failed to exercise reasonable care in preparing and publishing the defamatory material (negligence).
  13. 13Define negligence -who does it apply to?-applies to private individuals
    -Failure to exercise reasonable or ordinary care
  14. 144. Common reasons for finding negligence-Reliance on Untrustworthy Source.
    -Not reading or Misreading Pertinent Documents.
    -Failure to Check With Obvious Source (Like the subject).
    -Carelessness in editing and news handling.
  15. 15Define actual malice -who does it apply to-knowledge of falsity or reckless disregard for the truth
    applies to public figures/public officials
  16. 16Define reckless disregardState of mind about the facts when they are published. Not ill will or hatred of the plaintiff- ignored the truth to a convincing clarity standard
  17. 17more definitions-RECKLESS DISREGARD 1. A high degree of awareness of the ___ 2. Sufficient evidence to permit the conclusion that ____ 3. Evidence that the defendant _____probable falsity of the defamatory material when it was published
    or
    the defendant in fact entertained serious doubts as to the truth of the publication
    or
    purposefully avoided the truth
  18. 183 factors that courts use to help determine reckless disregard for the truth1. Story Timeliness: Was the publication of the story urgent? Or was there sufficient time or reasons to more fully check the facts in the story?
    2. Source Credibility
    3. Story Probability: Was the story inherently believable or probable? Or was the story so unlikely that it cried out for further examination?
  19. 19Reckless disregard for the truth must have a standard higher than ___"preponderance of the evidence, but less than beyond a reasonable doubt"
  20. 20Two additional burdens face the plaintiff seeking to prove actual malice: part 11. The plaintiff must prove actual malice with "clear and convincing" evidence. Normally in a civil lawsuit the plaintiff
    must prove his or her allegations with a "preponderance of the evidence,". "Clear and convincing" is a higher standard than the first, and it means that there can be little or no dispute about the evidence.
  21. 21Two additional burdens face the plaintiff seeking to prove actual malice: part 22. The Supreme Court has instructed appellate courts to re- examine the evidence in the case to determine that the record "establishes actual malice with convincing clarity."
  22. 22why is the jeffrey masson case important?created a rule by S.C regarding when a deliberate alteration of a quotation becomes false for purposes of actual malice
  23. 23Jeffrey Masson case pt 1. -what happened?Malcolm had interviewed Masson and an article was later republished as a book.
    Masson objected to many of the comments attributed to him as direct quotes, claiming that Malcolm had changed his words
  24. 24Jeffrey Masson case pt 2 -what did masson sue for? what else did he argue?Masson sued for defamation. Masson stipulated that he was a public figure, so he had to prove actual malice. He argued that changing his words in the direct quotes was evidence of knowledge of falsity.
  25. 25Jeffrey Masson case pt 3 -what did the lower court rule? -what did S.C. rule? and why?-A lower court agreed with the psychoanalyst, but the Supreme Court reversed this decision in a 7-2 ruling.
    -The s.c court ruled that readers do presume that words contained within quotation marks are a verbatim reproduction of what the subject said.
  26. 26Jeffrey Masson case pt 4 -"We conclude that a deliberate alteration of the words uttered by a plaintiff ____does not equate with knowledge of falsity, unless the alteration results in a material change [emphasis added] in the meaning conveyed by the statement."
  27. 27Jeffrey Masson case pt 5 -when the case was then sent back for a trial in a lower court, what happened?Masson was unable to convince a jury that Malcolm had knowledge of falsity when she wrote the story, and lost the case. An appellate court affirmed this verdict.
  28. 28FL post mortem statue -what is illegal -if the person is deceased, then __ -how many years?unauthorized publication of name of likeliness for purpose of trade w/o consent is illegal
    - must ask publications, or family members for rights
    -40 years after death, then goes into public domain
  29. 29Florida statute section 95. 11: Actions other than for recovery of real property shall be commenced as follows:-Within two years
    - An action for libel or slander
  30. 30Statues of limitationsThese represent the limitations on the time period the prosecution or a plaintiff has for filing suit.
  31. 31Time period for the libel statute of limitations in floridaTwo years since the date of publication. Although republication resets the countdown.
  32. 32Truth As Defense of Libel -If what the plaintiff said was substantially true, then ___ -truth has been regarded as an important libel defense that ___ -To use this defense, the defendant was required -" The defendant must show that__- it's not libel.
    -completely protected defendants in lawsuits for defamation.
    -to prove the truth of the libelous allegations he or she published.
    -the allegations are substantially true. Extraneous errors will not destroy the defense.
  33. 33Absolute privilege-protects people who make defamatory statements with actual malice.
    -Anyone speaking in a legislative forum enjoys this privilege.
    -private communications (employer to employee)
  34. 34Qualified privileges-protects them if they thought it was true to the best of their ability an individual may report what happens at an official governmental proceeding or transmit the substance of an official government report or government document and remain immune from libel even if the publication of the material defames someone.
  35. 35CRITERIA FOR APPLICATION OF QUALIFIED PRIVILEGE (2)-Report of a privileged proceeding or document
    -A fair and accurate summary published or broadcast as a report
  36. 36Retraction statuteA retraction is both an apology and an effort to set the record straight.
    Some states have these statutes to encourage retractions of false information. If the news organization issues a full and fair correction of the statement, plaintiffs cannot seek punitive damages (only actual damages).
  37. 37Rules for protection of opinion For several centuries a common-law defense, called _______________, was the shield used to protect opinion statements from libel suits. Opinion statements, then, may be defended as being _____fair comment and criticism
    unbelievable rhetoric.
  38. 38A statement of pure opinion is a statement that is incapable of being _____________________ Pure opinion, Rehnquist said, does not assert or even imply a provably false fact.proved true or false.
  39. 39What is rhetorical hyperbole -is a rhetorical hyperbole protected?Language so expansive, the reader or listener knows it's only an opinion
  40. 40Trump v Lewandowski Part (2017)-Lewandowksi criticizes trump on CNN
    -Trump tweets "turned her down twice and she went hostile. Major loser, zero credibility"
    -Lewandowski sues
  41. 41Trump v Lewandowski Part 2-Trump protected because language is "loose, figurative, hyperbolic reference to her state of mind" and was therefore not capable of verification
    -vague and simplistic insults
  42. 42Ollman Test purpose-4 part test used to determine whether a statement is an asserted fact or opinion
    -emerged from Ollman v Evans
  43. 43Ollman test1. Can the statement be proved true or false?
    2. What is the common or ordinary meaning of the words?
    3. What is the journalistic context of the remark?
    4. what is the social context of the remark?
  44. 44Ollman test 1. 1. Can the statement be proved true or false?This is the basic test from Milkovich.
  45. 45Ollman test 2. What is the common or ordinary meaning of the words?Some words that appear to be factual assertions are more often used as statements of opinion. If you call someone a turkey, you don't really mean to suggest that the person has feathers and says gobble-gobble. Calling someone a moron doesn't normally mean that his or her IQ score is way below average.
  46. 46Ollman test 3. What is the journalistic context of the remark?Newspaper readers expect to find factual assertions in news stories on the front page. They don't expect to find facts in editorial columns, they expect to find opinions. NBC news anchor Brian Williams gives us the news; Rush Limbaugh gives us his opinions, no matter how he happens to word the statements.
  47. 47Ollman test 4. What is the social context of the remark?Certain kinds of speech are common to certain kinds of political or social settings. i.e. The audience attending a lecture by an eminent scientist on the need to vaccinate young children is expecting to hear facts. In a debate between two candidates for the legislature, the audience is prepared
    to hear opinion.
  48. 48Milkovich Rules """Can the statement be proved true or false?"
    The statement is incapable of being proved true or false. Does not assert or eve imply a provably false fact.
  49. 49Supreme Court ultimately ruled in 1991 that Diadiun's statement wasan assertion of a fact, not simply an opinion
  50. 50Opinion or assertion of a fact? "In my opinion, Milkovich [the coach] lied" "I think Milkovich lied."Assertion of a fact.
  51. 51-Define the tort of public disclosure of private facts -giving publicity to private facts of an individual with no public concern
  52. 52Tort of Public Disclosure of Private Facts One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that1. would be highly offensive to a reasonable person
    2. is not of legitimate concern to the public.
  53. 533 Elements of the public disclosure of private facts1. There must be publicity given to private facts about an individual.
    2. The revelation of these facts must be highly offensive to a reasonable person.
    3. The published material must not be of legitimate public concern.
  54. 54Define publicity in defamation Define publicity in privacy law-means to communicate the material to a single third party.
    -implies far more. It means that the material is communicated to the public at large or to a great number of people, making it certain that the facts will shortly become public knowledge.
  55. 55Dove v. Beasley Broadcast Group -what happened? -appealed court ruled?-Male radio guy disclosed private facts on his 20yr personal relationship on the air.
    -The appellate court refused to dismiss the plaintiff's cause of action for public disclosure of private facts.
  56. 56Dove v. Beasley Broadcast Group -why did court rule this?-the plaintiff "presented evidence that the dj publicly disclosed private facts about her during he subject broadcasts. She also presented evidence that as a result of the broadcasts, she suffered stress, anxiety, humiliation, etc." Such mental injuries are recoverable as damages in public disclosure of private facts lawsuits.
  57. 57The Concept of Private Facts 1. " If a large segment of the public is already aware of supposedly intimate or personal information, _______1. it is not private.
  58. 58The Concept of Private Facts (PART 1) When the AP reported the identity of the victim of a sexual assault who testified at the sentencing hearing of the molester, the young man sued for ____invasion of privacy
  59. 59The Concept of Private Facts (PART 2) -facts about the case what did The 4th U.S. Court of Appeals rule?The name was not in the court records and had not been made public before the hearing. But the testimony was given in open court
    - ruled in favor of AP, saying "we cannot understand how the voluntary disclosure of information in an unrestricted, open courtroom setting could be anything but a matter of public interest."
  60. 60The Concept of Private Facts Information contained in documents and files that are considered public records-that is, open to public inspection-is generallynot regarded as private.
  61. 61Oliver Sipple case -what did simple do? -what happened? -why did court rule what it ruled?Sipple saved Pres. Ford from assassination. Newspaper outed him as gay.
    He sued because his family in Ohio didn't know.
    He lost because most people in his hometown of San Francisco knew, so it wasn't a private fact.
  62. 62Highly offensive publicity If the determination has been made that private facts about a person's life have been given publicity, a court must then ask two more questions:1. Would a reasonable person find the publicity given to the fact highly offensive?
    2. Was the private fact that was disclosed of legitimate public concern? In other words, was the disclosed fact newsworthy?
  63. 63Highly offensive publicity If the material is _________, it doesn't matter how offensive or embarrassing the revelation is. There was no invasion of privacy. Courts sometimes use the term "_____________" interchangeably with the concept of "legitimate public concern."of legitimate public concern
    newsworthiness
  64. 64Accept or reject? Courts have typically _______ the notion that a parent or other relative can maintain a privacy suit because of stories about the death of a family member.rejected
  65. 65Privacy of death jurisprudencethe right of privacy is a personal right; the plaintiff must allege some kind of emotional harm. Someone who is dead cannot do that; the person's right of privacy ends with his or her death.
  66. 66(pt 1) Catsouras vs. Department of California Highway Patrol -what happened? -what did the court rule?Cops emailed pics of decapitated teen to their acquaintances. Weren't public images. Family sued, and won.
    The court ruled that family members have a privacy interest in the death images of a member of the family.
  67. 67(pt 2) Catsouras vs. Department of California Highway Patrol -why did court issue this ruling?The court noted that since the images did not appear in any mass medium as a part of a news story, the traditional defenses in a private facts case, that the revelation was newsworthy, was in the public interest and therefore was protected by the First Amendment, did not apply in the case.
  68. 68(pt 1) Marsh v. County of San Diego -what happened?Marsh involved the copying and disclosure of autopsy photographs by a district attorney, who gave one photo to a newspaper and a television station. The photos depicted a two-year-old boy who had died of severe head injuries that allegedly were caused by an abusive adult.
  69. 69(pt 2) Marsh v. County of San Diego -what is the most important thing to take from this case? (what is the U.S Court of Appeals protecting?)protecting a parent's right to control the physical remains, memory and images of a deceased child against unwarranted public exploitation by the government." Constitutional privacy, death scene photos of baby part of sealed criminal file, sent to public, family gets control of deceased photos
  70. 70the concept of Legitimate public concern & newsworthiness (list 3)-social value of the fact
    -depth of the disclosure into private facts
    -whether the plaintiff voluntarily rose to a position of public notoriety
  71. 711. what can be used as a defense for journalists to the disclosure of such images in a public disclosure of private facts case? 2. Public interest trumps _____1. newsworthiness
    2. offensiveness.
  72. 721. most times, a judge will rule that a ______________ in the subject matter or the plaintiff outweighs any embarrassment the publication might have caused.1. legitimate public interest
  73. 73Nancy Benoit (Toffoloni v. LFP Publishing) -what happened? what did the court rule?After WWE wrestler Chris Beniot murdered his wife nancy.. Hustler wrote a story about it but included old nude photos of her. Hustler claimed images were newsworthy- court disagreed.
  74. 74(pt 1) Hulk Holgan v. Gawker -what happened? what did Holgan (Bollea) sue for?Gawker's posted excerpts of a hidden- camera sex tape that showed Bollea (Holgan) having sex with Heather Clem
    (married). "
    Bollea (holgan) sued Gawker under the theory of public disclosure of private facts
  75. 75(pt 2) Hulk Holgan v. Gawker -what was Holgan's defense?Bollea asserted that the tape was covertly made w.o his knowledge or permission by Bubba. Assuming that the contents of the tape, which was shot in a private bedroom, were private, and assuming that a reasonable person in Bollea's position would find the publicity given by Gawker to the contents of the tape highly offensive
  76. 76(pt 2) Hulk Holgan v. Gawker -what was the key question? -what did the court rule and why?-Were the contents of the sex tape- actual images of Bollea having sex-newsworthy?
    -Not newsworthy, Bollea won
    - a plaintiff can only win a case for public disclosure of private facts if the information or facts published are not of legitimate public concern.
  77. 77Mike Virgil (Vigil v. Time INC) -what happened? -who won?Virgil said facts about his life were fair game for the press, except for the embarrassing things. Sports Illustrated published a story on him, he tried suing for the embarrassing parts of it. He lost.
  78. 783-factor test Newsworthiness in a Nutshell (factors for legitimate public concern)1. The social value of the private facts that were published.
    2. How deeply the disclosed private facts cut into ostensibly private affairs.
    3. The extent to which a plaintiff voluntarily rose to a position of public notoriety.

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FlashCards sobre Section 3,4,5 , criado por Arianna Suero em 03-12-2018.
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Arianna Suero
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