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44 terms

Mass Media Law Exam #1

Joan Obrien Spring Semester 2012
STUDY
PLAY
U.S. supreme court "federalizes" elements of defamation. What did the court do to federalize the tort?
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
Court Case that began federalizing defamation
NY Times v. Sullivan
Five Elements of Libel action
PIDFF, Publication, Identification, Defamation, Falsity, Fault
Actual Malice
Reckless disregard for the truth and stating something false as fact
Negligence
Carelessness, not using care
Two factors a court will consider when examining the questions of reckless disregard for the truth?
Whether or not the news was of public concern and if the news came from a reliable source
True or False? All Elected persons in government are regarded as public officials
True
True or False? A person who was considered a public figure in connection with a public controversy remains a public figure with regard to stories published or broadcast about that controversy in the future, despite the passage of time.
True
True or False? As a result of the supreme court's anonymous ruling in Flynt v. Fallwell, public officials and public figures cannot ever recover form mass media defendants for "intentional infliction of emotional distress"
False
True or False? A court trial is one government proceeding excluded from the application of qualified privilege
False
In defending a lawsuit based on statements of opinion a defendant may win the case
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
Milkovich Test
Determines whether a statement of opinion is true or false
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
Does Utah have a criminal libel law?
Yes
True or False? Because the right to privacy is found in the Constitution, the law of privacy is identical from one state to the next.
False
Four Privacy Torts
1. appropriation
2. Intrusion
3. publication of private facts
4. putting someone in false light
Example of Transformative use
That right to publicity can be transformed from dead people to their companies or families - Rosa Parks song by OutKast
Booth Rule
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
Some courts refuse to recognize the tort of publication of private facts. Why?
Because of the difficulty in determining what is private and what isn't.
True or False? Persons who participate in chat rooms on the internet do not have a reasonable expectation of privacy under the law
True
To win a suit for false light, the plaintiff must show that
The material contains incorrect details
one of the "Emanations and Penumbras" in the constitution where the justices have found privacy rights
An "inherit right" the privacy is everywhere and no where in the constitution
Strict Scrutiny
A compelling interest in regulating the speech but regulation must be narrowly tailored so no more speech than necessary is limited
Overbreadth Doctrine
If it bars more speech than necessary
Void for Vagueness
It's too vague, if the common person does not know what behavior is prohibited.
Common Law Defenses
1. Truth
2. Privileged Communication
3.Neutral Reportage
4. Fair Comment
5. Consent
6. Right of Reply
Intentional Infliction of Emotional Distress
1. That the parody or satire amounted to a statement of fact, not opinion.
2.That it was a false statement of fact.
3.That the person who drew the cartoon or wrote the article knew it was false, or exhibited reckless disregard for the truth or falsity of the material. that is proof of actual malice is necessary.
Libel (Defamation)
is a tort. Any publication or broadcast of a (false statement) that:
1. Injures someone's reputation
2. Lower's that person's esteem in the community
Tort
A civil Wrong for which a court can offer a remedy . usually (money)
Scienter
guilty knowledge
Hornby v. Hunter
information that is transfer form newspaper and tv over the internet the court will presume 3rd party is aware.
Libel Per Se
Libelous on it's face
Libel Per Se
Because of Circumstance
Public Figure
Must prove actual malice. A person who has done something to influence public opinion on a particular issue
Public Official
Must prove actual malice. Any person who is elected to public office qualifies as public official
Factors to determine reckless disregard for the truth
1.Publication of story urgent?
2.How reliable was the source of the story
3. Story had a large chance of happening?
Private Figures
must prove negligence. Those who are not classified as public figures
Negligence
Failure to exercise reasonable care
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
Section 230 "Good Samaritan Protection"
Immunity for online publishers under the (CDA) No provider of an interactive computer service shall be treated as publisher ( Internet providers are treated differently from publishers of print, t.v., and radio)
Actual Damages
Compensatory damages for actual injury
Special Damages
Precise monetary figure for a loss caused by the harm
Presumed Damages
General Damages
Punitive Damages
Designed to punish defendants for misconduct