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| "expression that tends to damage a person's standing in the community through words that attack an individual's character or professional abilities" |
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| written/printed defamation |
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| 3 reasons plaintiffs get more $ in libel cases than slander cases: |
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1. printed words are more enduring
2. print is easily circulated
3. print is DELIBERATE and harm is INTENDED |
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| in ___ cases, the court assumes your reputation was damaged |
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| in ___ cases you have to prove your reputation was damaged |
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| Youtube videos are considered broadcast, so if it was scripted, the defamation is ___ but if it's unscripted it is ___ |
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| scripted = libel & unscripted = slander |
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| 3 types of plaintiffs in defamation suits are ___ ___ __ |
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| living persons, government employees, organizations/businesses |
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| ___ cannot sue for defamation |
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| 6 items in the burden of proof of a defamation case are... |
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| defamation, identification, publication, fault, falsity, personal harm/damages |
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burden of proof...
'must prove defamatory language was used... must be uniquely damaging" |
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burden of proof...
"must prove the defamation is about you specifically" |
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burden of proof...
"at least 3 people are involved = defamation has been disseminated/distributed/published" |
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burden of proof...
"the defamation was published as a result of negligence...'reasonable/ordinarily prudent' people would do what in this same situation with that info in their hand?" |
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burden of proof...
"required when public officials/figures are involved in a n issue of public concern... the statement was false, you knew it, and it was published anyway (actual malice)." |
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burden of proof...
"loss of reputation, emotional distress, loss of revenue" |
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| 2 types of defamation cases... |
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| common law & constitutional law |
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| ____ law defamation cases deal with charges that no NOT involve issues of public concern. charges made in arguments among private parties *no need to prove falsity* |
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| ____ law defamation cases deal with charges that DO involve issue of public concern, such as civil rights issues like in TIMES v SULLIVAN *must prove falsity* |
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| ____ persons elected to public office & non elected government employees who play a major role in development of public policy |
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| ___ persons of wide-spread notoriety and fame who inject themselves into the debate about controversial public issues to affect the outcome. |
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| ____ people not affected by NYTIMES v SULLIVAN unless they inject themselves into an issue of public controversy |
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| public figues, public officials, private indidividuals |
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| _____ public figures are involved in a little bit of everything all the time |
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| all-purpose public figures |
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| ____ public figures inject themselves into a particular controversy |
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| limited purpose public figures |
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| _____ public figures do not inject themselves, but rather are sucked into the issue with no intent of affecting the outcome |
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| accidental/vortex public figures |
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| Cindy Stahan - Iraq war protestor, susan b anthony, al gore, harvey milk = ___ public figures |
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| oprah, jessey jackson, bill clinton = ____ public figures |
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| Monica lewinski, captain sulliburger, andrea yates, natalie holloway, terry shybo = ____ public figures |
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| 6 defenses to defamation law suits .... |
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Definition
| truth, qualified privilege, fair comment, statue of limitations, consent, absolute privilege of public officials |
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defense to defamation...
different views = gist of everything that happened; circumstances = accumulation of available evidence; hard to prove |
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defense to defamation...
if you write something with an accurate quote from a public record or public meeting |
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defense to defamation...
you can criticize someone's performance, but not their motive/character |
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defense to defamation...
limited time period in which the pliantiff may file suit |
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defense to defamation...
you were given permission to defame |
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defense to defamation...
for spoken/written words of public official acting in their official capacity |
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| absolute privilege of public officials |
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