Term
| Is a law suit prior restraint. if not, what is it? |
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Definition
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Term
| how do you avoid losing a libel suit |
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Definition
| be a very good journalist. be a professional |
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Term
| greatest defense against libel? |
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Definition
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Term
| libel law is what kind of law? |
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Definition
| civil law. one on one. criminal law is the gov going against you. civil law is between private parties. |
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Term
| all libel are civil cases except what? |
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Definition
| criminal libel cases: a crime of making public statements that tend to disturb the peace. ex: cyberbullying |
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Term
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Definition
-a living individual
-a business
-a non profit group like a church or charity |
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Term
| who cannot sue for libel and why? |
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Definition
| the gov. 1st amendment. new york times v sullival. because it would be too much like sedition and ny times v sullivan said you cannot have those laws |
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Term
| 6 essential elements of a libel lawsuit |
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Definition
-defamation (libel per se)
-Identification: requires third party recognition
-publication (very broad)
-FAULT
-Falsity
-Injury |
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Term
| threshold question in every libel suit |
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Definition
| was there any defamatory content present. ex. rush limbah is a big fat idiot book. isn't considered defamatory because an opinion that doesn't qualify as a vague evaluation that cannot proved to be true or false |
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Term
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Definition
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Term
| 4 categories that equal libel press |
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Definition
-accusing someone of criminal activity
-professional imcompetence
-moral failings
-having a communicable disease |
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Term
| 3 kinds of defamation in NC |
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Definition
-libel per se
(quarterback joe smith is a murderer)
-publications susceptible of two interpretations, one defamatory and one not. (quarterback joe smith is like OJ Simpson)
-libel per quod= insinuation
(I saw some white residue in a bag that nido was carrying) |
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Term
| 99 percent of all libel suits are |
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Definition
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Term
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Definition
| Flake v Greensboro News Co |
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Term
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Definition
| grounbreaking moment in libel law. gay will hurt their reputation. supreme court said that in nc, saying someone is gay is not libel per se because it doesn't fit into the four categories. |
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Term
| identification requires what? |
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Definition
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Term
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Definition
-is calling someone a nappy headed ho libel per se? argument: a ho is a moral failing and prostitution is criminal activity.
-imas didn't call out mary by name. there for no ID
- |
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Term
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Definition
| -group suits where only one person sues usually does;t work usually because you need ID |
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Term
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Definition
| I need to put the info out there to recognize a defamed person. |
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Term
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Definition
| repeat a libel just as libel |
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Term
| possible exceptions to republication rule |
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Definition
-wire service stories protected by the wire service defense (if you are going to sue, go to the source. you can't sue the newspaper you can only sue the wire service)
-online republication by an ISP protected by the Communications Decency Act. |
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Term
| communications decency act |
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Definition
| 1995. congress passes it which was trying to censor porn. struck down as unconstitutional by reno v ACLU |
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Term
| what case gave the internet the highest level or protection? |
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Definition
print: tornio
internet: reno v ACLU |
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Term
| section 230 of the CDA= what? |
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Definition
| blanket protection for ISPs. |
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Term
| 4 torts (different states recognize different torts) |
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Definition
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Term
| appropriation has 3 elements |
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Definition
using someones name or likeness
without their consent
for financial gain |
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Term
| when a famous person sues it is called what? |
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Definition
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Term
| appropriation defenses by strength |
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Definition
consent
contract
journalistic activity |
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Term
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Definition
| Flake v Greensboro News: said there were 3 types of libel. (1938). Bread advertisement in newspaper used a girl's picture without her consent. lawyer sued the newspaper for libel. |
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Term
| Florida Publishing Co v Fletcher 1977 |
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Definition
| parents leave daughter home alone for a weekend. she dies in a fire at the house. parents do not know until they see her singed body in a newspaper. parents sued for intrusion. |
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Term
| cops. what tort would it be if they showed the faces of people that did not give their consent |
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Definition
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Term
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Definition
| not recognized by nc courts |
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Term
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Definition
| renwick v news & observer Co (1984). nc supreme court rejects the false light tort. |
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Term
| public disclosure of embarrassing private facts |
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Definition
| an alternative to libel. nc does not recognize this. |
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Term
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Definition
| The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. |
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Term
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Definition
| Government is violating your 4th amendment rights every single day |
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Term
| To sue for Tort claim – you have to show |
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Definition
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Term
| what does the wiretap act do? |
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Definition
| protecting the privacy of wire and oral communications; ando delineating on a uniform basis the circumstances and conditions under which the interception of wire and oral communications may be authorized. |
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Term
| the wiretap act prohibits/ establishes/ regulates? |
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Definition
-the unauthorized, non-consensual interception of wire, oral, or electronic communications by government agencies as well as private parties;
- establishes procedures for obtaining warrants to authorize wiretapping by government officials
-the disclosure and use of authorized intercepted communications by investigative and law enforcement officers |
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Term
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Definition
| is federal legislation in the United States that protects the privacy of students' personally identifiable information (PII). The act applies to all educational institutions that receive federal funds. |
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Term
| Griswold v. Connecticut (1966) |
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Definition
pharmacist was barred for giving info about contraception to even married couples
-14th amendment case
-created right to privacy
-used sip to add meaning to word liberty |
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Term
| Eisenstadt v. Baer (1972) |
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Definition
| • Single people should have same right to privacy established by Griswold v. Connecticut |
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Term
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Definition
-privacy case
-protection for everyone, not just women |
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Term
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Definition
| the inviolability of the physical body and emphasizes the importance of personal autonomy and the self-determination of human beings over their own bodies. It considers the violation of bodily integrity as an unethical infringement, intrusive, and possibly criminal. |
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Term
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Definition
• Photography – people in 1800s were afraid that cameras/pictures would lead to invasion of privacy, someone taking your picture without your consent'
-• They first suggested the common law right of privacy in a Harvard Law Review article in 1890
-• Wrote article, The Right to Privacy
o Ideas presented in article started catching on
o Through court cases, people’s right to privacy started to accrue overtime
• Common law – law that accrues overtime due to court cases |
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Term
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Definition
appropriation
intrusion
false light
public disclosure of embarrassing private facts |
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Term
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Definition
-using someone's name or image
-for commercial purpose, or financial gain
- without that persons permission |
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Term
| appropriation defenses (in order of strength) |
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Definition
1. consent
2. contract
3. journalistic activity/ newsworthiness |
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Term
| examples of appropriation: |
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Definition
flake v Greensboro News Co (1938):1. Used picture of girl in a bread advertisement without her consent, she sued (before 4 privacy torts were written, did not fit into a category of libel)
here's johny toilets:1. Radio ads used phrase “Here’s Johnny” without consent from Johnny Carson
2. Court used appropriation and Johnny Carson won |
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Term
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Definition
| trespassing (going onto someones private property without their consent |
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Term
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Definition
Florida Publishing Co v Fletcher (1977):1. Parents were out of town, daughter home alone, house burned down killing their daughter, journalist took a picture and it was front page news, parents were not home yet, bought a newspaper and saw the picture – first they saw of daughter’s death
2. Established a common custom and usage defense
a. Creates strong protection for traditional journalist activity – does have its limits
Wilson v. Layne (1999):1. Supreme Court says police taking a photographer along to serve a warrant in a private home violates the Fourth Amendment rights of the residents of the home. |
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Term
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Definition
| trespassing, surveilance, false light, public disclosure of embarrassing private facts |
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Term
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Definition
defamation
publication
ID
Fault
Falsity
Injury |
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Term
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Definition
truth
fair report
neutral reportage
FA opinion defense
fair comment and criticism
wire service defense
statute of limitations |
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Term
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Definition
1. constitutionalized libel
2. buried seditious libel
3. ended strict liability
4. created public official plantiff category=2 types
5. created actual malice-standard of fault= journalistic activity exceptions
6. cemented truth as absolute defense+ section 230 defense
7. pointed way to VA bd. of pharmacy-1 year |
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Term
| in order to prove libel, you have to prove what? |
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Definition
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Term
| alternative to a libel suit |
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Definition
| intentional infliction of emotional distress (hurting someone's feelings rather than their reputation |
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Term
| 4 plantiff cattegories (standard of fault for each) |
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Definition
public official Am
public figure Am
limited vortex public figure Am
-------------------negligence in nc
private person |
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Term
| case precedent for public official |
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Definition
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Term
| case precedent for public figure |
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Definition
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Term
| case precedent for limited vortex |
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Definition
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Term
| case precedent for private person |
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Definition
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