5 Written questions
5 Matching questions
- Five Elements of Libel action
- In defending a lawsuit based on statements of opinion a defendant may win the case
- Public Figure
- Does Utah have a criminal libel law?
- Actual Damages
- a 1. by arguing that the statements are rhetorical hyperbole
2. by arguing that the statements are protected by the first amendment
3. by arguing that the statements are fair comment and criticism
- b Compensatory damages for actual injury
- c PIDFF, Publication, Identification, Defamation, Falsity, Fault
- d Must prove actual malice. A person who has done something to influence public opinion on a particular issue
- e Yes
5 Multiple choice questions
- 1.Publication of story urgent?
2.How reliable was the source of the story
3. Story had a large chance of happening?
- Whether or not the news was of public concern and if the news came from a reliable source
- 1. Truth
2. Privileged Communication
4. Fair Comment
6. Right of Reply
5 True/False questions
Court Case that began federalizing defamation → Yes
Libel Per Se → 1. whether a statement of opinion is true or false
2. the actual meaning of the word or statement
3. The journalistic context
4. the context in society
Libel (Defamation) → Because of Circumstance
Business as Public Figures (Standards to Qualify) → 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
Overbreadth Doctrine → 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