5 Written questions
5 Matching questions
- Example of Transformative use
- Some courts refuse to recognize the tort of publication of private facts. Why?
- Five Elements of Libel action
- Actual Damages
- a Failure to exercise reasonable care
- b Because of the difficulty in determining what is private and what isn't.
- c That right to publicity can be transformed from dead people to their companies or families - Rosa Parks song by OutKast
- d PIDFF, Publication, Identification, Defamation, Falsity, Fault
- e Compensatory damages for actual injury
5 Multiple choice questions
- Carelessness, not using care
- Libelous on it's face
- 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
- NY Times v. Sullivan
5 True/False questions
Private Figures → must prove negligence. Those who are not classified as public figures
Ollman test → 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 Per Se → Because of Circumstance
To win a suit for false light, the plaintiff must show that → It's too vague, if the common person does not know what behavior is prohibited.
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