Term
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Definition
- Defamation
- Falsity
- Communication
- Indentification
- Fault
- Harm
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Term
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Definition
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Term
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Definition
- Truth
Best, absolute defense - Privilege
Conditional or Absolute - Fair Comment
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Term
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Definition
- Situation when a media outlet kenw the story was false or strongly suspected it was false but broadcast or printed it anyway.
- Landmarkd by the New York Times v Sullivan case of '64.
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Term
New York Times v Sullivan |
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Definition
- NYT ran an editorial ad on March 29, 1960
- Information in the ad was false.
- Libel suit was filed by Sullivan and governor John Patterson.
- Ruled in favorof Sullivan & was awarded$500,000
- Was appealed to Alabama Supreme Court & upheld original ruling.
- '64, SCotUS voted 9-0 to overturn the judgement & ruled for the newspaper
- Ruled that a person could only win a libel suit against a media outlet if the person could prove actual malice.
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Term
Examples of Reckless Disregard
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Definition
- Using unreliable resources
- Depth of the reporting
- Media Motives
- Serious doubts
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Term
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Definition
- Tried by SCotUS in '79
- Had to prove malice by:
highlighting media's state of mind
media's action and conduct - Ruled that it's fair to ask reporters about any comments made about the defamed, be it positive or negative.
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Term
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Definition
- Tried in '71.
- Dealt with a radio station make a comment and didn't included "allegedly" in their statements
- Pennsylvania law only required private citizens prove that the media didn't exercise "reasonable care"
- District court awarded Rosenbloom
- Federal CoA overturned jury decision & SCotUS upheld CoA.
- Ruled Rosenbloom, as a private citizen, had to prove actual malice b/c he was involved in a "matter of public or general concern".
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