Term
| In Dr. Martin Luther King’s famous Mountaintop Speech, delivered the night before his assassination, what historical text did he cite and quote? |
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Definition
| The Bill of Rights of 1791 |
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Term
| In the great New York Times v. Sullivan (1964), the man suing The Times for defamation was: |
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Definition
| In charge of the all-white police department in Birmingham, Ala |
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Term
| What kind of law is libel law? |
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Definition
constitutional law
statutory law
common law |
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Term
| If an Internet Service Provider, or ISP, is sued for libel, the key thing to remember is: |
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Definition
| . Section 230 of the Communications Decency Act shields them from libel suits. |
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Term
| What is the significance of this old saying, “You can’t libel the dead”? |
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Definition
| only living individuals, corporations or organizations can sue. |
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Term
| The Supreme Court case of NAACP v. Button (1963) was important because: |
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Definition
| it said the First Amendment included the right of expressive association. |
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Term
| The Supreme Court case of Brandenburg v. Ohio (1969) was important because: |
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Definition
| it said that it is nearly impossible for the government to prove incitement. |
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Term
| In Gertz v. Robert Welch (1974), the Supreme Court said that private-person libel plaintiffs must: |
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Definition
| prove a standard of fault to be determined by each state. |
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Term
| If you are working in advertising and you are designing an ad campaign that features photos of the wonderfully talented Kardashian sisters, what is the very best way to avoid being sued for Appropriation: |
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Definition
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Term
| Which of the following does NOT rise to the level of libel per se in North Carolina: |
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Definition
| implying that the senator has a gay lover |
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Term
| Which of the following would most likely be deemed an all-purpose Public Figure? |
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Definition
| the host of a popular late-night talk show. |
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Term
| Calling a Washington lobbyist “a money-grubbing pimp” would most likely be |
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Definition
| a statement protected by the First Amendment Opinion defense. |
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Term
| The Republication Rule means that: |
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Definition
| “repeat a libel, you’re just as liable”, you’re responsible if you print it, it’s not good enough to just say you were repeating someone-- 2 exceptions! a) wire service stories protected by wire service defense (ex: all newspapers, magazines, TV run through Associated Press so sue them not each indiv. source) b) online republication by an ISP protected by Section 230 of Communications |
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Term
| The Supreme Court case of Shuttlesworth v. Birmingham (1969) was important because: |
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Definition
| it said that TPM rules must be content-neutral in their application. |
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Term
| Sometimes, when you’re watching your favorite episode of “Cops,” you notice nearly every scene is on a sidewalk. What Supreme Court case helps explain why that is? |
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Definition
| Wilson v. Harry Layne (1999). |
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Term
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Definition
| knowledge of falsity or reckless disregard for the truth |
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Term
| New York Times v. Sullivan was an appeal to the Supreme Court, meaning the paper lost in a lower court. How much was the judgment against The Times in the lower court? |
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Definition
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Term
| The Supreme Court case of Brown v. Louisiana (1966) was important because: |
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Definition
| it said not speaking could be a kind of speech protected by the 1st Amendment. |
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Term
| What case stands for the proposition that in actual malice cases, one reliable source is probably enough for the media to successfully defend itself? |
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Definition
| Nesbit v. Multimedia (1982). |
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Term
| at the heart of libel cases is: |
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Definition
1. the 1st amendment, right to publish, robust debate
2. individuals right to protect his reputation, dignity |
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Term
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Definition
| a living person, a business, non profit |
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Term
| who cannot sue for libel? |
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Definition
| the government, because of NYtimes v sullivan buried seditious libel. |
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Term
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Definition
| when a company sues for damaging product or service |
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Term
| 3 types of libel (given by flake v greensboro news and record) |
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Definition
libel per se
libel per quod
statement susceptible to two meanings- one libelous and one not; ex: He is like OJ Simpson, meaning he is a murderer or a good football player? |
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Term
| 4 categories of libel per se |
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Definition
1. criminal activity
2. professional incompetence
3. moral failure
4. falsely accusing someone of having a communicable disease |
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Term
| threshold question in every libel case? |
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Definition
1. was the statement defamatory at all?
2. are they a public or private person?
3. who is at fault? |
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Term
| 6 essential elements of a libel suit (must prove all 6) |
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Definition
1. defamatory content
2. indentification - 3rd party recognition
3. publication: anything for others to hear
4. fault
falsity: a check on the media (why are you writing something on a private person/ matter? must be very responsible)
injury: lose out on something, whether it is money, being ostracized, hurt rep, easy to prove |
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Term
| 3 kinds of damages in injury |
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Definition
a) “actual damages”- tangible, physical damages, can be measured
b) “special damages”- cause very specific things to happen
c) “punitive damages”- punish them, don’t do them again in future |
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Term
| 7 LEGAL INNOVATIONS OF NYT V. SULLIVAN |
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Definition
1. constitutionalized libel law- made libel law part of Constitution
2. buried seditious libel- government can never make it illegal to speak out against them
3. ends strict liability- no liability without fault (you’re responsible for what you print)
4. cements truth as absolute defense- if it’s true, you can’t lose
5. creates “public official” category- creates 4 P’s; harder for gov’t people to win libel suit *4 P’S OF A PUBLIC OFFICIAL: purse, personnel, policy, public safety
6. creates “actual malice” standard of fault- knowledge of falsity and reckless disregard for truth; reliable source- someone in a position to know truth and has no reason to lie; only need 1 source (Nesbit v. Multimedia)
7. points way to VA Board of Pharmacy |
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Term
| 5 LEGAL MILESTONES OF 1964 |
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Definition
1. Civil Rights Act of 1964: bans discrimination in public accommodations (1st Am.)
2. Reynolds v. Simms: bans gerrymandering (rearranging voting districts) based on race (14th Am.)
3. Maloy v. Hogan: incorporates protection against self-incrimination (14th Am.)
4. 24th Amendment: bans poll taxes (1st Am.)
5. NYT v. Sullivan: Americanized libel law, gave 7 Legal Innovations of NYT v. Sullivan |
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Term
| FIRST AMENDMENT OPINION DEFENSE |
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Definition
a. Milkovich v. Lorrain Journal says 2 types of opinion covered under FA defense
i. vague evaluation that can’t be proved true or false-- Hepps Case
ii. name calling, hyperbole, hate speech-- Hustler v. Falwell |
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Term
| If an internet service provider or ISB is sued for libel |
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Definition
| Section 230 of Communication Decency Act shields them from libel law suits |
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Term
| 3 PART TEST FOR LIMITED, OR VORTEX, PUBLIC FIGURES |
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Definition
1. Did the defamatory content touch on public controversy? 4 Categories of Libel Per Se
2. Did the person voluntarily thrust themselves into the issue?
3. Did the person try to effect the outcome of that debate? |
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Term
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Definition
1. TRUTH***
2. FAIR REPORT***- got info from privileged source (gov’t employee or document like police report)
3. neutral reportage- you’re a neutral camera in the room gathering info (not recognized in NC); retract a libelous story and you won’t pay punitive damages, but can still pay actual and special damages
^1-3 used for serious libel per se cases
4. FIRST AMENDMENT OPINION DEFENSE
a. Milkovich v. Lorrain Journal says 2 types of opinion covered under FA defense
i. vague evaluation that can’t be proved true or false-- Hepps Case
ii. name calling, hyperbole, hate speech-- Hustler v. Fallwell
5. fair comment and criticism- for journalists activity
^4, 5 never used for serious things
6. wire service defense- two exceptions to republication rule, you re-running story from AP (hub) so they have to sue AP, Section 230 of CDA protects ISPs
7. statute of limitations- in NC, 1 year |
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Term
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Definition
civil rights case of 1964
bans discrimination in public accommodations, work toward a less segregated society
-24th amendment (bans poll tax) |
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Term
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Definition
NAACP v Lousisiana
(tried to force NAACP to hand over membership lists but they didn't want to because of the time, violence was a huge was to punish/ make changes so they feared for their lives |
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Term
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Definition
| bans gerrymandering based on race, redistricting so dilute the black vote |
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Term
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Definition
| Griswold v CT- first time SC ruled in favor of people's right to privacy |
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Term
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Definition
| NAACP v Button--ainst compelled speech, forcing NAACP to hand over its list is compelled speech, 1st am included the right of expressive association |
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Term
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Definition
| NY Times v sullivan: americanized libel law, must prove seditious libel that what NYT printed was false and that is their fault for messing up the facts |
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Term
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Definition
| Brown v Lousiana: silence can be an expressive action |
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Term
| 1966 1st amendment timeline |
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Definition
| shuttlesworth v birmingham: black minister organizes picket, TPM rules must be content neutral |
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Term
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Definition
| brandenburg v Ohio: almost impossible for gov to prove incitement |
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Term
| • Firestone v. Time, Inc. |
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Definition
| teaches that regional acclaim not enough to be a public figure, MUST BE NATIONAL ACCLAIM |
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Term
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Definition
| set standard for being limited/vortex public figure |
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Term
| hutchinson v readers digest |
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Definition
| being employed by the gov doesn't automatically make you a public official, must be a prominent person that has power over 4 P's |
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Term
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Definition
an injury or harm, typical lawsuit
all torts are common law
libel is tort; in libel cases, tort is harm of reputation or privacy
-griswold v connecticut: first time SC ruled in favor of peoples right to privacy
-brandeis & warren: first suggested common law right of privacy |
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Term
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Definition
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Term
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Definition
| using someone's name or likeness, for a commercial purpose, without that person's permission, for financial gain |
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Term
| defenses for appropriation |
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Definition
| consent, contract problem, newsworthiness |
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Term
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Definition
Here's Johny toilets
Bette Midler sound a like
FLAKE V GREENSBORO NEWS AND RECORD
White v Samsugn Electronic |
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Term
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Definition
| An offense that is physical, electronic, or mechanical invasion of another solitude or seclusion; no publication is required |
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Term
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Definition
| trespassing and surveilance |
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Term
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Definition
Florida Publishing Company v Fletcher:established a common custom and usage defense
wilson v harry layne: SC said police can;t let journalists follow them around into homes because it violates the 14th amendment |
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Term
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Definition
| consent, common custom and usage=public activity, the place is public so there's no reasonable expectation of privacy |
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Term
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Definition
Dietemann v times: meant no 1st am right to use hidden camera and miss in private home when you go in under false pretenses
Galleria v onassis: you invade a person's privacy when you hound person excessively; phone recordings only allowed if you are part of the conversation/ no 3rd party recordings allowed. |
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