Elements of a Libel Suit and Defamation Laws in North Carolina, Quizzes of Mass Communication

Download Elements of a Libel Suit and Defamation Laws in North Carolina and more Quizzes Mass Communication in PDF only on Docsity! TERM 1 Defamation DEFINITION 1 communication that injures a person's reputation. communication that exposes a person to hatred, ridicule or contempt, lowers him in the esteem of others, causes the person to be shunned, or injures him in his business or profession. TERM 2 Libel DEFINITION 2 written defamation TERM 3 Slander DEFINITION 3 spoken defamation TERM 4 Who can sue for libel DEFINITION 4 Any living person. A corporation. An unincorporated association, organization or society, including a labor union, charitable foundation and fraternal organization. TERM 5 The six elements a plaintiff in a libel suit must usually prove DEFINITION 5 Publication, Identification, Defamatory content, Falsity, Injury, Fault TERM 6 The republication rule DEFINITION 6 "The bearer of tales is as guilty as the teller of tales." Anyone who republishes libelous statement can be held liable TERM 7 Group libel DEFINITION 7 a member of a group can sue for libel if the entire group is defamed if the group size is small TERM 8 The three categories of defamatory statements under North Carolina law DEFINITION 8 libel per se; libel per quod; and statements susceptible of two meanings. TERM 9 Libel per se DEFINITION 9 obviously defamatory publications TERM 10 Libel per quod DEFINITION 10 publications which are not obviously defamatory, but which become so when considered in connection with innuendo, colloquium, and explanatory circumstances. plaintiff must prove the special circumstances, that the audience understood the defamatory connotation, and special damages, that is, actual monetary loss TERM 21 actual malice DEFINITION 21 publishing with knowledge of its falsity OR reckless disregard for the truth TERM 22 How actual malice is proven DEFINITION 22 courts look at 2 types of evidence. 1. direct, state-of-mind evidence- what the journalist thought, believed, felt, said at the time the story was being produced. 2. indirect or circumstantial evidence, typically including: the source used or not used; the naure of the story, especially whether the story was "hot news" being prepared under deadline pressure; the inherent probability or believability of the charges TERM 23 negligence DEFINITION 23 Failure to exercise ordinary care or to act as a reasonably prudent person would under similar circumstances OR failure to follow accepted professional standards and practices TERM 24 How is negligence proven DEFINITION 24 same factors considered as with reckless disregard- sources used or not used, nature of story, believability of allegations- but lower threshold. is there a discrepancy b/t what source says he told the journalist and the journalist reported? did the journalist try to contact the subject ofo the allegations? did the journalist get all the information he should have? TERM 25 The factors courts consider in determining whether actual malice is present in a libel action DEFINITION 25 direct, state-of-mind evidence and indirect or circumstantial evidence TERM 26 A reporters responsibility to testify about his thought processes in libel proceeding DEFINITION 26 In Herbert v. Lando, 1979, the U.S. Supreme Court said a libel plaintiff could inquire into a journalists state of mind. TERM 27 The wire service defense and its status in N.C. DEFINITION 27 ordinarily, courts hold that it is not negligent to publish a wire service story w/o checking the facts in the story. this is not really a separate "defense," but an absence of negligence. TERM 28 The traditional defenses to libel DEFINITION 28 truth; fair report privilege based on common law; privilege for communication of mutual interest based on common law; neutral reportage based on first amendment; fair comment and criticism based on common law; constitutional protection for opinion based on first amendment TERM 29 Fair report (or reporters) privilege DEFINITION 29 protects reports of official government proceedings and records if the reports are 1. accurate 2. fair or balanced 3. substantially complete 4. not motivated by malice. courts in some states have said the report must be attributed to the official record or meeting for privilege to apply TERM 30 Privilege for communications of mutual interest DEFINITION 30 a statement is privileged if 1. it is about something in which the speaker has an interest or duty; 2. the hearer has a corresponding interest or duty; 3. the statement is made in protection of that interest or performance of that duty; 4. the speaker honestly believes the statement to be true TERM 31 statements of opinion under both the fair comment defense and First Amendment (as discussed in Milkovich v. Lorain Journal): DEFINITION 31 USSC held that fact-based opinions expressed in editorials do ot enjoy special protection under the First AmendmentIn Milkovich, Supreme Court said two types of opinion statements are protected by the First Amendment: 1. exaggerated, loose, figurative language, rhetorical hyperbole or parody, e.g., calling a worker who crossed picket lines a traitor to his God, his country, his family and his class. 2. statements incapable of being proven true or false, such as imprecise evaluations like good, bad, ugly. TERM 32 The neutral reportage defense and its status in N.C. DEFINITION 32 the charges must be 1. newsworthy and related to a public controversy 2. made by a responsible person or organization 3. made against a public official or public figure 4. accurately reported with opposing views 5. reported impartially TERM 33 The statute of limitations for libel in N.C DEFINITION 33 One year TERM 34 The types of damages available in libel actions and any special requirements associated with certain types of damage awards. DEFINITION 34 Compensatory -actual: comp. for intangible harm, loss of reputation, mental suffering, emotional distress.special: comp. for actual $ loss.presumed: requires proof of actual malice in most cases.nominal: plaintiff wins but jury feels no real harm suffered.In NC libel per quod plaintiffs show special damages. In trade libel suits, plaintiffs show special damages.Punitive-Designed to punish the libeler rather than comp. the person libeled. NC law, no punitive damages available if acceptable retraction was run.All plaintiffs, public and private, must prove actual malice to collect punitive damages if the libel suit resulted from publication of a report on a matter of public concern. TERM 35 The effects of printing a retraction under N.C. law: DEFINITION 35 if a "full and fair" retraction is run in accordance with state law, a plaintiff cannot collect punitive damages TERM 46 Time, Inc., v. Firestone, 1976 DEFINITION 46 Mary Alice Firestone was married to Russell A. Firestone, Jr., an heir to the Firestone Tire and Rubber Company family fortune. Mary filed for divorce, and Russell submitted a counterclaim on the grounds of extreme cruelty and adultery.Both the state court and Florida Supreme Court ruled that Mary was not a public figure, using language defined in Gertz v. Robert Welch, Inc. (1974). TERM 47 Hutchinson v. Proxmire, 1979 DEFINITION 47 Professor Ronald Hutchinson sued Senator William Proxmire for defamation after the Senator gave a Golden Fleece award to the agencies that funded the professor's research.The Supreme Court ruled that the Speech or Debate Clause does not protect Members of Congress against liability for information they transmit by press releases or newsletters. TERM 48 Wolston v. Reader's Digest, 1979 DEFINITION 48 Facts:-Wolston refuessd to testify against his parents as spys- Reader's Digest reported this event 20 years later on a story concerning famos spy casesImportance:-USSC said that he was private and only had to prove negligence-He didn't put himself there, but was "dragged unwillingly" into the spotlight TERM 49 Herbert v. Lando, 1979 DEFINITION 49 the U.S. Supreme Court said a libel plaintiff could inquire into a journalists state of mind-a '73 "60 Minutes" broadcast questioned allegations by Colonel Herbert of an official cover-up of atrocities committed by the US troops in Nam-He asks Lando and everyone else about their opinions (discovery)Importance:-the USSC held that a journalist's mind may be probed in a libel case in order to establish actual malice TERM 50 Harte-Hanks Communications, Inc. v. Connaughton, 1989 DEFINITION 50 -The Hamilton Ohio News published a front page story charging a judicial candidate, Connaughton- he supposedly wanted to hire 2 sisters to lie about the other guy then he would give them high paying jobs- they told he paper-The sisters have a history of mental illness but they published it anywayImportance:-USSC ruled that he paper made a deliberate decision not to acquire knowledge so there was reckless disregard TERM 51 Nesbitt v. Multimedia, 1982 DEFINITION 51 One reliable source is enough. TERM 52 LaComb v. Jacksonville Daily News, 2001 DEFINITION 52 Police report: The defendants did knowingly cause, encourage and aid [2 juveniles] to commit an act, drinking beer and smoking cigarettes, and engage in a sex act.Daily News story: The two were both accused of encouraging cigarette smoking; beer drinking and engaging in sex acts involving a 15-year-old boy and 16-year-old girl.Court: Despite the misplaced semicolon, the article is substantially accurate; the fair report defense applies. TERM 53 Gertz recap DEFINITION 53 Two types of public figures all-purpose and limited-purpose; both,along with public officials, must prove actual malice to win.Private people must prove at least some fault, but the level is left up to the states. (Most have chosen negligence)All plaintiffs, including private people, must prove actual malice to collect presumed or punitive damages. (This was later modified in Dun & Bradstreet v. Greenmoss Builders, 1985. The rule applies only when the defamation involves a matter of public concern.)