Comm test 2
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Created by:
andrew1989 on March 26, 2012
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28 terms
Terms | Definitions |
|---|---|
 What is a SLAPP Suit? | Strategic lawsuit against public participation. Part of the Chilling effect |
| What can you do if you're hit with a SLAPP suit? | 1. Talk to the judge 2. Slappback 3. Let case go to trial if you have money |
| What is "libel terrorism" and how is it resolved by the Speech Act of 2010? | Bring law suites in countries with poor free speech laws |
| What is libel per se? | on the face off, professional standing |
| What is libel per quod? | situation libel |
| What is Chaplinsky v. New Hampshire? | Chaplinsky called the cop a goddam fascist 2 Prongs: Level 1 Speech worthwhile speech with social value as a step to truth Level 2 Speech- Worthless speech A. Lewed, Obscene, Profane B. Slander, Libel C. Insulting or fighting words |
| What is Terminiello v. Chicago? | The priest was giving the speech and was told to get down. |
| Cohen v. California | F*ck the Draft jacket in the courthouse. offensive conduct. "Time place and manner" erases 1st prong of fighting words |
| What is the definition of hate speech? | Hate speech refers to insults, slurs, or epithets directed to a group of people, based on a shared characteristic of that group. |
| What is the impact of concept of immutable characteristic? | It is any sort of physical attribute which is perceived as being unchangeable, entrenched and innate. |
| What is defamation? | Common Defamation- issuing a statement about another that causes harm Formal Defamation- False statement of facet disseminated about a person that results in damage to that person |
| What is slander? | making defamatory statements by a transitory statement, usually oral |
| What is libel? | making defamatory statements in a permanent or fixed medium |
| What is a general public figure? | someone who is a public figure in all realms |
| What is an involuntary figure? | A figure that is thrust into the spotlight |
| What is a limited public figure? | A figure that is only in certain realms. |
| What are the basis for teleological theories? | Moral responsibilities, consequences An act is morally right if the consequences of the action are more favorable than unfavorable |
| What is ethical egoism? | Applies to the agent performing the act |
| What is ethical altruism? | Applies to the benefit of others |
| What is Utilitarianism? | It is the greatest good for the greatest number. Some focus on good some on number |
| What is act Utilitarianism? | The greatest good of the greatest number in a single action |
| What is rule utilitarianism? | The greatest good for the greatest number over time. |
| What is egalitarianism? | inequality, consider everyone |
| What is Rawls Original Position? | "veil of ignorance" |
| Times v. Sullivan | Public Official (Official Capacity)- Actual Malice (Convincing Clarity) |
| What are the elements in a defamation charge? | 1. Prove defamation statement harmed reputation, insulting to "right thinking" individuals 2. Publication- Un privileged publication of a statement to a 3rd party self publication 3. Identification- Statement is about plaintiff 4. Fault- statement was published with some level of fault. Negligence, intentional |
| How to defend against defamation charges? | 1. Truth- absolute defense with good motives 2. Privilege- Absolute privilege/qualified privilege 3. Innocent dissemination. 4. Opinion |
| What are the 4 types of invasion of privacy? | Appropriation Intrusion Disclosure False Light |
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