5 Written questions
4 Matching questions
- Two factors a court will consider when examining the questions of reckless disregard for the truth?
- Strict Scrutiny
- U.S. supreme court "federalizes" elements of defamation. What did the court do to federalize the tort?
- True or False? Persons who participate in chat rooms on the internet do not have a reasonable expectation of privacy under the law
- a True
- b A compelling interest in regulating the speech but regulation must be narrowly tailored so no more speech than necessary is limited
- c Whether or not the news was of public concern and if the news came from a reliable source
- d In NY Times v. Sullivan they federalized public/private entities and public figures of whom need to show actual malice. The court took libel law under control
5 Multiple choice questions
- Precise monetary figure for a loss caused by the harm
- Designed to punish defendants for misconduct
- Must prove actual malice. A person who has done something to influence public opinion on a particular issue
- 1. Business advertises unusual promotional campaign to draw attention to itself.
2. The notoriety of the business.
3. Is the business regulated by the government?
4.Was libelous comment on the business of public concern?
5. Frequency and media intensity of scrutiny of the business
5 True/False questions
Actual Damages → Reckless disregard for the truth and stating something false as fact
Negligence → guilty knowledge
Hornby v. Hunter → The use of a person's name or likeness in an advertisement for a magazine or a newspaper or v program is usually not regarded as an appropriation
Court Case that began federalizing defamation → NY Times v. Sullivan
Actual Malice → Reckless disregard for the truth and stating something false as fact