Term
|
Definition
| Prohibiting criminals from profiting from their crimes by writing a book or film or etc. |
|
|
Term
| Criteria for censorship of student newspapers |
|
Definition
1. Publications or stories that materially & substantially interfere with appropriate discipline.
2. Material that interferes with the rights of students or creates liability for the school.
3. Reasons of academic propriety
4. Health and welfare concerns
5. Matters that are obscene, vulgar or violent |
|
|
Term
|
Definition
- hurts imagine of school (crimes/rapes)
- protect students from incorrect speech, racists terms
- anything in the newspaper reflects the University |
|
|
Term
Prior Restraint
-Time, Place & Manner Rules |
|
Definition
1. Content Neutral
2. No Complete Ban
3. Substantial State Interest
4. Narrowly Tailored |
|
|
Term
|
Definition
- Does not discriminate content
- equality for both sides |
|
|
Term
|
Definition
Ex: limiting sales to businesses that are in 500 feet of schools/churches/etc
Ex: Exit voting booths ~ cannot stand within 1000 feet |
|
|
Term
| Substantial State Interest |
|
Definition
- accomplish something beneficial
Ex: Christian groups could not stand in traffic flow areas of the airport and distribute content/bother people. |
|
|
Term
|
Definition
Pass law that limits problem not others.
Cannot just ban everything, but be specific. |
|
|
Term
|
Definition
designed to shut a person up...
big businesses do these to people who would speak out against them. |
|
|
Term
|
Definition
- Injures someone's reputation
- lowers that person's esteem in the community |
|
|
Term
|
Definition
1. Traditional public forum
2. Designated public forum
3. Public property
4. Private property |
|
|
Term
|
Definition
|
|
Term
|
Definition
Owned/created by government for expressive activity
ex: fairs/tacoma dome |
|
|
Term
|
Definition
Not a public forum.
Ex: military bases, jail, schools, airports, rest stops |
|
|
Term
|
Definition
| Ex: Bank, Safeco, someone's yard, shopping mall |
|
|
Term
|
Definition
| One person besides the libel source and the person defamed, sees or hears the defamatory material. |
|
|
Term
|
Definition
| Injured party must show the court that the defamatory statement is 'of and concerning him, her or it." |
|
|
Term
|
Definition
Focuses on the words themselves:
1. Words that are libelous on their face:
ex: thief/cheat
2. Words that are innocent on their face, but becomes defamatory if the reader or viewer knows other facts.
ex: Jake married Helena sounds fine, but knowing Jake is already married to Julie makes it a libelous accusation |
|
|
Term
|
Definition
distinguish between the abstract advocacy of ideas and the incitement to unlawful conduct.
"directed", "imminent", "lawless action", "likely" to happen |
|
|
Term
|
Definition
| protects national defense information in a time of war. |
|
|
Term
| Name modes of censorship of the press during wartime + define each |
|
Definition
Denial Access to locations- media is denied access to cites.
Denial Access to documents and photographs-if they could jeopardize national security, they are not allowed.
Punishment for publishing national security information- reporters don't want to get punished by the government such as jail time.
Self-censorship by news media- reporters hold back because they know of the punishment above. |
|
|
Term
|
Definition
| Teachers and editors removed a student written story about pregnacies of students of the school. They felt that the identity of the individuals should be shared because of privacy. The Supreme Court agreed under the First Amendment. |
|
|
Term
| View-point Discrimination |
|
Definition
when the government censors on side of an article but not the other, always unconstitutional.
ex:article on pro choice is censored but not the pro-life side to the same article. |
|
|
Term
Time Place and Manner restrictions
Name 4 |
|
Definition
1. the rule must be neutral as to content, or what the courts call content neutral, both on the face and the manner to which it is applied.
2. The law must not constitute a complete ban of any kind of communication.
3. Rules must be justified by a substantial state interest.
4. Rules must be narrowly tailored. |
|
|
Term
|
Definition
strategic lawsuits against public participation.
These are made by big businesses often to tell those that are fighting them that they will
"cause them a lot a money and time if they proceed with their claims" |
|
|
Term
|
Definition
| In European countries, if someone is defamed in a paper, they are allowed the same column to react to the statement made. |
|
|
Term
| Character is who you are. _____ is what people think you are. ____ Is what the law protects. |
|
Definition
|
|
Term
|
Definition
| The reputation is so bad that it can't be damaged any further by slanderous remarks. |
|
|
Term
|
Definition
| If a living person is defamed, and during the trial they pass away, then and ONLY then can a relative finish out the case (in some states.) |
|
|
Term
| To win a libel suit the PLAINTIFF must prove: |
|
Definition
1. the libel was published
2. words were of and concerning the plaintiff
3. material is defamatory
4. material is false
5. defendant was at fault. |
|
|
Term
|
Definition
people who distribute products that are defamatory and have no previous knowledge of the demfamatoriness, are not held responsible for the republishing in their stores.
ex: Helena's News allows a free newspaper to be handed out at her stand. If it says Julie Kaiser is a slut, but Helena is unaware the paper says this, she will not be held libel. |
|
|
Term
|
Definition
| is whether the proven truth leaves a different impression of the plaintiff in the minds of the jury than the impression created by the defamatory falsehood. |
|
|
Term
| Minor Errors in Libel Cases |
|
Definition
| unless related directly to the gist of the libel, will not usually result in a finding of falsity. |
|
|
Term
| New York Times vs. Sullivan |
|
Definition
| 1960, The New York times which was a fairly liberal newspaper at the time released ad talking about the blacks looking for freedom in the south. The ad pointed to the Police Department of Alabama as using vilence and illegal tactics to tame the black protesters. Sullivan, a police officer, whose name was not in the ad sued for libel because he was a part of the small police department. Because there were small errors in the article the court awarded him 500,000. The thrust of the ad was true, and only 35 circulated in the Alabama area. |
|
|
Term
|
Definition
| people outside the government that often lead debate. |
|
|
Term
|
Definition
Public officials: Persons who work for a government in a position of authority, who have substantial control over the conduct of governmental affairs, and whose position in government invites independent public scrutiny beyond the general public interest in the qualifications and performance of all government employees. Libelous comments must focus on the plaintiff's official conduct (the manner in which the plaintiff conducts his or her job) or on the plaintiff's general fitness to hold public office.
1. elected into office |
|
|
Term
| All Purpose Public Officials |
|
Definition
| All-purpose public figures: Persons who occupy persuasive power and influence in the nation or in a community, persons who are usually exposed to constant media attention. |
|
|
Term
| Limited-purpose public figures |
|
Definition
| Limited-purpose public figures: Persons who voluntarily inject themselves into an important public controversy in order to influence public opinion regarding the resolution of that controversy. |
|
|
Term
| Public Persons vs. Private Persons for Fault |
|
Definition
In a lawsuit against a mass medium, a private person must prove that the defendant was at least negligent in publishing the defamatory matter. Negligence has been defined as the failure to exercise reasonable care or as acting in such a way as to create a substantial risk of harm. In some states, in certain cases private persons will be required to prove more than simple negligence. They may be required to prove gross negligence, which is a standard that implies a greater degree of carelessness on the part of the defendant.
An individual who has been declared to be a public person for the purposes of a libel suit must prove actual malice. Actual malice is defined as knowledge of falsity or reckless disregard of the truth. Transmitting a story with the knowledge of its falsity means that the publishers of the story knew it was not true but still communicated it to the public. To prove reckless disregard for the truth, the plaintiff must show that the publisher of the defamation had a "high degree of awareness of the probable falsity of the material" when it was published or that the publisher in fact "entertained serious doubts about the truth of the material" before it was published |
|
|
Term
| Jurists look @ these 3 things to find out if a story was published without regard for truth |
|
Definition
The courts have established a set of three criteria to help determine whether material was published with reckless disregard for the truth. The jurists tend to look at these factors:
1.Whether there was time to investigate the story or whether the material had to be published quickly
2. Whether the source of the information appeared to be reliable and trustworthy.
3.Whether the story itself sounded probable or farfetched
If the item was hot news, if the source was a trained journalist, and if the information in the story sounded probable, there can be no finding of reckless disregard. However, if there was plenty of time to investigate, if the source of the material was questionable, or if the information in the story sounded completely improbable, courts are more likely to permit a finding of reckless disregard for the truth. |
|
|
Term
| two additional burdens face the plantiff seeking to prove actual malice |
|
Definition
the plantiff must prove actual malice with "clear and convincing" evidence
and
the supreme court has advised appellate courts to re-examine the evidene in the case to determine that the record "establishes actual malice with convincing clarity" |
|
|
Term
|
Definition
damages for actual injury/harm
mental suffering, money loss, pain or injury, impairment of reputation |
|
|
Term
|
Definition
specific things that were loss-monatery loss because of libel
23456.29 then you would be awarded the money amount. |
|
|
Term
|
Definition
plaintiff can get it without proof or injury of harm.
showing actual malice, knowledge of falsity or reckless disregard of the truth. |
|
|
Term
|
Definition
"smart money"
these are designed to punish defendants for misconduct, and scare others from repeating the conduct.
scare tactic |
|
|
Term
|
Definition
| apology and chance to set the records straight. |
|
|
Term
|
Definition
founded on the theory that its appropriate for the state to act on a party that is a victim of libel and bring criminal charges against the defendant.
government goes after you. |
|
|
Term
| ollman test-4things to prove on whether its fact or opinion |
|
Definition
1. true or false
2. what is the common or ordinary meaning of the words
3. journalistic context-editorial or NBC?
4. social context- debate or speech? |
|
|
Term
|
Definition
1. rhetorical hyperbole
2. pure opinion/first amendment
3. fair comment and critisim |
|
|
Term
|
Definition
| exaggerated statement that no one believes |
|
|
Term
| first amendment/pure opinion |
|
Definition
usage of the ollman test to find out if a statement of pure opinion and not fact was found.
pure opinion is protected under the libel law. |
|
|
Term
| fair comment and criticism |
|
Definition
| fair comment is less popular now as the first amendment has begun to protect peoples opinion. |
|
|
