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| published or broadcast communication that lowers the reputation of and individual by holding him or her up to contempt, ridicule or scorn (Defamation Law) |
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| Lawsuits designed solely to cost the apposing party money and scare them from speaking out. (Strategic lawsuits against public participation |
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| Four points in proving libel |
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1)Publication - printed, broadcast, internet, public speaking...
2)identification - have to be identified and described
3)defamatory - info was defamatory
4)fault - some one was either negligent or did it on purpose material has to be proven false |
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| words that are automatically libelous - swindler, KKK, Nazi, cheat, con-man |
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| plaintiff damaged by red flag works |
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| plaintiff was damaged by words that are innocent at face value but damaging to those who know the facts (Jon married sue - Jon already married Joan so is a bigamist) |
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| prove media was published through negligence (failure to exercise reasonable cause) |
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| have to prove that the defendant exhibited actual malice or reckless disregard to weather facts are true or false |
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| money awarded to the winning party in a civil lawsuit |
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| damages for actual injury. the plaintiff must bring evidence to support the publication caused actual harm (reputation emotional...) |
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| a specific item or exact loss ($236.33) |
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| damages without proof of injury. actual malice or negligence |
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| large damage awards. unlike other damages (used to compensate for injury) used to punish defendant for misconduct and worn others not to act like them |
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| when newspapers are afraid to publish controversial stories after a libel case |
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| total all purpose public person |
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| any one in the public eye (entertainers, sports, politicians...) |
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| a private person who thrusts themselves into the limelight, (voice an opinion/protest...) |
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| in libel case only has to prove defendant failed to exercise reasonable care. |
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| makes it harder to prove libel - knowingly published false info, or reckless disregard for false material |
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| when the defendant asks for the case to be dismissed because there is not enough evidence presented by plaintiff - avoids costly jury trial |
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| no stale legal claims (prosecutions for most crimes must be started within a reasonable period of time) |
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| elected officials can say anything about anyone on the floor without fear of libel |
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| a reporter can report on any privileged proceedings or document without fear of libel as long as the publicized media is a fair/accurate summary |
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| the press has the right to publish newsworthy but defamitor alligations from a reliable soure even if they believe it was false (don't shoot the messenger - not usually a viable libel defense anymore) |
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| protects the publication of statements of opinion (restaurant or concert reviews) has to be reviewers opinion, public interest present/newsworthy/public figures... |
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-brown/Williamson threatened to sue CBS
-held publication of big tobacco story for several months until disappointed journalist convinced them to air it.
-no lawsuit a successful SLAPP suit for a few months |
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| laws that make it easy for food corporations to win libel suites. shift burden of truth to the plaintiff sometimes (opera w/ Hamburgers) |
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| regarded the same as other forms of media |
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-still legal in some states
-can criminally libel dead
-exists to prevent injured party from acting violently against libeler |
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-NYT placed ad saying the southern police used violent and illegal tactics to quell the civil rights movement
-Police commissioner Sullivan sued claiming libel (won in Alabama all white jury federal court)
-supreme court said NYT won and set the prescient for "pubic persons" having to prove actual malice and reckless disregard for the truth.
-gov officials can no longer easily shut up press with libel |
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-gertz was helping man accused of capitol crime
-gertz private life was attached not public
-tried a private person
-set standard for limited/all-purpose public persons |
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Hustler displayed a parody add attaching Falwell
-Falwell sued for emotional distress and lost because he was a public figure and political cartoons knowingly exaggerate and are one sided |
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-U.S. Sen Proxmire gave an award to Hutchinson for wasting public funds
-proved just because your on gov payroll and accept grant funds you are not a public person
-not protected by absolute privilege when not on floor if elected official |
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| LeDoux Vs. Duluth News Tribune |
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Ledoux was department head who used public funds to pave a road that only led to his house
-duluth NT called him out
-dnt lost because even know he was department head for gov job he wasn't a public person |
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| Journalist must be loyal to firm or governing body of firm or owner of firm |
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-Truth
-Objective (unbiased)
-remove "the self" from story - a journalist should not have an opinion in their work
-credibility |
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| Before trial - jury tests/interviews to determining if a possible juror is bias |
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| before trial - when a judge moves the court to an area less publicized by the press |
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| before the trial - delaying a trial to let publicity die down and let the jurors forget about the case |
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| during trial - a judges instruction to only listen to evidence presented in court (no newspapers, tv, outside conversations...) |
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| during trial - jurors are shut off from the outside world (same hotel/food media censored) |
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| when a judge limits what the trial participants behavior (what they can say to whom and when) if no info is given to reporters it can not be broadcasted |
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| What evidence must be provided to issue a restrictive order |
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-must be intense an persuasive publicity
-no other alternative measure to mitigate the effects of the pretrial publicity
-the order will prevent pretrial publicity from reaching the jurors |
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| Bench-Bar-Press guidelines |
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judge - lawyers - press
agreements (not rules, contracts, or laws) that attempt to create fair trials
most have to do with pretrial coverage |
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not every state allows cameras
mn
-harder o get cameras than WI
Judge, Lawyers, Press have to agree
WI
Easier to get cameras
-only judge has to agree
-federal courts still largely prohibit cameras |
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-Some jurors who were sequestered as long as OJ was held emphasized with the defendant
-set in motion gagging court participants instead of press lost to press to many times |
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-convicted of murdering his wive
-press was rampant throughout case
-12 years later won an appeal that press didn't allow him a fair trial
-increased judge use of gag orders |
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| Neb Press Assoc Vs. Stuart |
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-man went crazy and killed wife for no apparent reason
-Stuart gagged press
-Neb Press Assoc sued and won for breach of first amendment right
-made it harder to issue gag orders |
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| Landmark Comm Vs. Virginia |
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Followed president of Neb VS. Stuart
-judge can't bar the press without substantiated reason |
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| Richmond Newspaper Vs. Virginia |
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Sensational Murder Trial With 3 previous hung juries
-on fourth trial judge gagged everyone
-Richmond sued ruled under protection of first amendment rights can't close out press for fear of mistrial
-all court cases are open
-first amendment prohibits closing of trials |
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| Globe Newspaper Vs. Superior Court |
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Judge closed court for trial of 15 year old boy
-globe sued claiming it was a first degree murder trial and won
-juvenile cases must remain open
* use fake names as long as child is not tried as an adult |
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| Pres Enterprise V. Riverside Superior |
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Trial of nurse for mass murder of elderly
-set precedent for judge to use Pres enterprise test before gagging press
-pretrial hearings presumed open |
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Oklahoma City Bombing
-judge gagged prosecutors/defense instead of press
-press enterprise test also applies to documents |
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CEO That cooked the books
-continued trend of gagging participants |
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| Jury selection closed to press in fear that in racially sensitive trials possible jurors would not answer honestly in order to avoid scrutiny from the press |
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| Jury selection closed to press in fear that in racially sensitive trials possible jurors would not answer honestly in order to avoid scrutiny from the press |
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The presence of cameras in the courtroom does not cause prejudice towards the defendant
-cameras can not be prohibited be cause they don't always cause an unfair trial |
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-after 9/11 attack
-privacy rights of victims and family's outweigh rights of public to hear tape from pilots area |
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