5 Written questions
5 Matching questions
- U.S. supreme court "federalizes" elements of defamation. What did the court do to federalize the tort?
- To win a suit for false light, the plaintiff must show that
- Two factors a court will consider when examining the questions of reckless disregard for the truth?
- Milkovich Test
- Intentional Infliction of Emotional Distress
- a The material contains incorrect details
- b 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
- c 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.
- d Whether or not the news was of public concern and if the news came from a reliable source
- e Determines whether a statement of opinion is true or false
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?
- It's too vague, if the common person does not know what behavior is prohibited.
- An "inherit right" the privacy is everywhere and no where in the constitution
- 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
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. → False
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
Court Case that began federalizing defamation → NY Times v. Sullivan
Common Law Defenses → 1. Truth
2. Privileged Communication
4. Fair Comment
6. Right of Reply
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