Term
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Definition
| A false statement made of or concerning a person that harms the person's reputation |
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Term
| Two types of defamation? What distinguishes them? |
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Definition
Libel - Printed or broadcast
Slander - Spoken of limited reach |
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Term
| Six elements of libel - Who is responsible for proving them? |
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Definition
PIFFDI
Publication
Identification
Falsity
Fault
Defamation
Injury
Plaintiff Responsible for Proving all |
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Term
Libel per se
Libel pre quod |
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Definition
Per se - Damanging on their face - direct
Per quod - Innuendo |
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Term
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Definition
| Doing something a reasonable person would not do under same circumstances or not doing something reasonable person would do in same situation. |
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Term
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Definition
Knowledge of Falsity
Reckless disregard of truth (deliberate avoidance of the truth - suspected truth but ignored) |
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Term
| Private person standard of fault for defamation |
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Definition
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Term
| Public person standard of fault for defamation |
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Definition
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Term
| Limited purpose public figure |
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Definition
| Occupy Wall Street Person in the News - This person would have to prove actual malice for that particular issue |
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Term
| What qualifies at opinion? |
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Definition
| Statement that cannot be proved true or false |
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Term
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Definition
| Exaggeration for effect. It is a defense for libel. |
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Term
| Single publication of libel rule |
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Definition
| You can only sue for libel once, no matter how many times or places it has been published. |
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Term
| Statute of limitations for libel in Tx |
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Definition
| 1 year from date of circulation |
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Term
| Does statute of limitations for content on a website change if you modify the website? |
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Definition
| No. It goes from the original date of circulation. |
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Term
| Can ISP be held liable for subscribers' defamatory posts? |
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Definition
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Term
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Definition
| Yes if altered to convey a false impression. |
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Term
| Can a work of fiction be libelous? |
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Definition
| Yes if changing the names of real people to make them characters of in fiction if third parties can still recognize the real people and likely to believe libelous statements made about them. |
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Term
| What is Invasion of Privacy? |
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Definition
| A tort resulting from emotional distress caused by unexpected intrusion into our personal affairs or loss of control over our personal information. |
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Term
| What has right to privacy? |
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Definition
| People - Not corporations or government |
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Term
| Four invasion of privacy torts |
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Definition
IPAP
Intrusion upon seclusion
Publicity given to private life
Appropriation of name or likeness
Portrayal in false light |
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Term
| Which privacy tort does not require publication? |
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Definition
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Term
| Are you entitled to privacy at work? |
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Definition
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Term
| When is it NOT ok to publicize TRUE but personal info about someone? |
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Definition
When it is offensive.
When it is not a legitimate public concern. |
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Term
| What is the tort when a person's name or image is associated with a product or service? |
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Definition
| Appropriation of name or likeness |
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Term
| What is the "public person" analog to that tort? |
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Definition
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Term
| Difference between legal theory that applies to them? |
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Definition
Appropriation protects emotions
Right of publicity protects economically. |
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Term
| Tort that some states refuse to recognize because it is too close to libel? |
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Definition
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Term
| Defenses for Invasion of Privacy torts |
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Definition
Newsworthiness
Public docs
Consent (this doesn't apply to minors or mentally challenged etc.) |
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Term
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Definition
| Prohibits intentional interception of oral, wire, or electronic messages. |
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Term
| Stored communications act? |
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Definition
| Prohibits unauthorized access to electronic messages stores by ISPs and similar |
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Term
| Can employer review emails and files? |
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Definition
| Yes, they own the network. You're doing it on their time. |
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Term
| Children's Online Protection Act |
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Definition
Empowers FCC to require websites to:
*Get parent consent before collecting info on kids under 13
*Give parents opportunity to delete kid's profiles and opt out |
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Term
| Is there an analog of this for adults? |
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Definition
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Term
| Is it OK to secretly record someone with whom you are having a conversation with in Texas? |
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Definition
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Term
| Can you use hidden video in Texas? |
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Definition
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Term
| Can you secretly video someone in their own home? |
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Definition
| No - complete expectation of privacy in your own home. |
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Term
| Can you secretly video someone in YOUR home |
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Definition
| Yes but not in bathroom etc. |
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Term
| Doe v Cahaill, what must a defendant do before a court will compel the disclosure of a defendant's identify in a libel or privacy suit? |
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Definition
*Make reasonable effort to notify anonymous poster that he is subject to a subpoena for identify disclosure
*submit evidence of a claim sufficient to survive a claim sufficient to survive a motion for summary judgment |
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Term
| Obscenity or Indecency protected under first amendment? |
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Definition
Obscenity = No
Indecency = Yes |
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Term
| What is Miller v California test for obscenity? |
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Definition
PSL
1. Prurient Interest - Average person applying contemporary community standards finds material applies to prurient interests.
2 - Sexual conduct depicted in patently offensive way
3 - Lack of literary, scientific, political value |
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Term
| Can you possess obscenity in your hm? Can you download it? Can you possess child porn? |
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Definition
Obscenity - you can possess but no correlative right to download.
Child Porn - Felony to possess |
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Term
| What is incitement to violence? What is test? |
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Definition
Speech directed to product imminent lawless action.
1. Imminent
2. Likely
3. Intentional |
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Term
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Definition
| Protected as Long as it is not accompanied by action. |
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Term
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Definition
| Speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a person or group. NOT protected under first amendment. |
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Term
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Definition
| Does not receive same level of protection as political speech. Receives some protection for its "informational function." |
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Term
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Definition
Can be regulated
*if it serves a substantial government interest
*and regulation advances that interest
*and regulation is no more extensive than necessary. |
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Term
| Can media refuse advertising |
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Definition
| Yes. They couldn't effectively run their networks. It would violate their rights. |
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Term
| Primary regulatory agency for advertising? |
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Definition
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Term
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Definition
MRM
Mislead - If the ad likely to mislead
Reasonable - would a reasonable consumer be likely to interpret the ad
Material - would likely affect consumer's decision |
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Term
| Reasonable person standard |
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Definition
| Not someone who is overly sensible or gullible. FTC looks at ad as a whole (not small disclaimers). Also applied to reasonable person of the target audience. |
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Term
| False Advertising Court Remedies |
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Definition
CCC
Consent Order
Cease and Desist
Corrective Advertising
Civil Fines
Restitution |
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Term
| Comm professional who work for advertising agencies liable for harm from deceptive ads? What if content was provided by the client? |
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Definition
| Yes. Agency should verify content or demand indemnification. |
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Term
| Are media orgs who run deceptive ads liable? |
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Definition
| Only if the harm was forseeable without doing further research. |
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Term
| Law that entitles individuals and companies harmed by competitors to sue for false advertising? |
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Definition
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Term
Literal Falsity
Implied Falsity
Puffery |
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Definition
Literal: False statements of fact (studies show)
Implied: Literally true but mileading
Puffery: Exaggeration not likely to be taken as fact. |
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Term
CAN-SPAM
Controlling Assault Non-Solicited Pornography and Marketing Act |
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Definition
*Can't use false or misleading header or subject line
*Commercial emails must say they're ads and include link to opt out |
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Term
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Definition
| Intended to prevent anticompetitive behavior that has a negative impact on marketplace. Includes Sherman, Clayton, and FTC Acts. |
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Term
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Definition
Bans attempts to monopolize industry.
Government can act before monopoly exist.
Corps and unions can't donate directly to political campaigns but can run as many ads of their own as they want |
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Term
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Definition
Fills holes of Sherman act.
*Price discrimination
*Exclusive sales
*Predatory pricing
*Allows gover. to review mergers and acquistions |
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