Elements of Libel and Defamation: Understanding the Differences and Implications, Quizzes of Banking Law and Practice

Download Elements of Libel and Defamation: Understanding the Differences and Implications and more Quizzes Banking Law and Practice in PDF only on Docsity! TERM 1 SLAPP DEFINITION 1 A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. Illegal in most states Ex: Girl tweets about apt sucking and gets stuck w/ libel lawsuit TERM 2 Elements of libel DEFINITION 2 Must meet all for plaintiff to win publication- the source plus one identification- the words were of an concerning the plaintiff defamation- damage their esteem in their community falsify- has to be false fault- has to be at fault the defendant damages- plaintiff must show damages TERM 3 Who can bring civil action for libel? DEFINITION 3 Anybody alive, the relative of the recently deceased (survival statues), business corpOprah not eating beef Cities, counties agencies of the govt and govt CANNOT TERM 4 Libel v. Slander DEFINITION 4 Libel is written slander is spoken TERM 5 What's the difference between vendor and publisher of libel? DEFINITION 5 Vendor is not held liable for the content being distributed but the publisher is EX: The source that sells national inquirer isnt liable for the context of the magazine TERM 6 Is there a cause of action for failure to identify? DEFINITION 6 No. The plaintiff must be identified. His/her reputation must be lowered in the eyes of a significant minority of the members in a community. TERM 7 Whats the difference between defamation per se and per quod defamation? DEFINITION 7 per se- words that obviously can damage the reputation of any person per quod- libelous accusation, innocent to plaintiffs face and become defamatory only if the reader or viewer knows other facts. TERM 8 Kaelin v. Globe DEFINITION 8 During OJ trial, National Examiner published headline "Kato Kaelin....Cops think he did it" Police were trying to prove Kaelin who testified in trial, lied under other and committed perjury. Kaelin sued National Examiner bc people suspected him as a murderer due to headline. Judges on 9th US Circuit Court of Appeals ruled common readers would think "it" referred to murder not perjury. Kaelin and Globe settled in 99. (Plaintiffs can sue for headlines, but not sentences in context) TERM 9 Stanton v. Metro Corp DEFINITION 9 Stacey Stanton's picture was published next to article "The Mating Habits of the Suburban High School Teenager" with a disclaimer underneath photo stating the story was unrelated to the picture. Trial court ruled in favor of Metro. US 1st Court of Appeals reversed ruling stating readers could overlook small disclaimer and related the bold title to the image. US District Court (06) ruled in favor of Stanton saying title and image used were defamatory. TERM 10 T/F A Federal Court in MA ruled that you can't constitute a libel per se case bc it isnt unlawful to be gay DEFINITION 10 TRUE TERM 21 What is a limited purpose public figure? DEFINITION 21 Someone who injects themselves into a public controversy to affect its outcome o Show actual malice directly connected to your act o Stay private person for your personal life o You have to have done something that affects the outcome o Time can transform a public figure into a private person but its very much a case by case basis o Always a public figure related to your actions TERM 22 How does a public figure become a private figure? DEFINITION 22 A public figure will remain a public figure forever, but only in regard to the issue or matters that generated the public- person status today. Ex: A mayor who retires will still be regarded a public person if she sues for libel 20 years later about a story that focused on her conduct as mayor. TERM 23 What case inspired the movie People v. Larry Flynt? DEFINITION 23 Hustler Magazine v. Falwell- Hustler published a Campori Liquor ad which featured Rev. Falwell stating he was a drunk and slept with his mother. Falwell sued for invasion of privacy and intentional infliction of emotional distress. The jury rejected Falwells libel claim because they did not believe any reader would take the ad in as serious context, but awarded him $200,000 for emotional distress. TERM 24 Intentional Infliction of Emotional Distress (IIED) DEFINITION 24 Need to prove... That the parody or satire amounted to a statement of fact not an opinion That it was a false statement of fact That the person who drew the cartoon/wrote article knew it was false, or exhibited reckless disregard for the truth or falsity of the material (malice) TERM 25 What constitutes a motion for summary judgment? DEFINITION 25 The defendants can argue that the lawsuit should be dismissed either because the plaintiff has failed to establish what is necessary to sustain the libel suit (publication, identification, defamation, falsity, and the requisite level of fault) or because there is a legal defense that blocks a successful lawsuit. TERM 26 What is the statue of limitation for libel in Florida? DEFINITION 26 two years TERM 27 Calder v. Jones DEFINITION 27 Jones (actress) sues National Enquirer in CA for article stating she is an alcoholic. NI defends saying the article was written and published in FL. SCOTUS overturns saying an individual living in CA does not need to go to FL to seek redress when FL writers knowingly caused injury to CA resident and copies are sold in CA. TERM 28 What are the standards of proof? DEFINITION 28 beyond a reasonable doubt -- (highest level of proof, used mainly in criminal trials) clear and convincing evidence -- (intermediate level of proof, used mainly in civil trials in the U.S.) preponderance of evidence -- (lowest level of proof, used mainly in civil trials; typically means more likely than not) TERM 29 Keeton v. Husler DEFINITION 29 Kathy Keeton, NY resident, sues Husler of Ohio, in New Hampshire. Husler argued case should be in NY or OH not NH, who has a 6 yr statute of limitation. Court of appeals ruled the plaintiff did not have enough contact in NH to permit the assertion of jurisdiction in that state. SCOTUS overruled, stating the circulation of the magazine in NH was sufficient support of libel action TERM 30 Who bears the burden of proof in the affirmative defense? DEFINITION 30 The defendant TERM 31 absolute vs. qualified privilege DEFINITION 31 Absolute- anyone speaking in a legislative forum, communications and documents made in judicial forums, and those who work in administrative and executive branches cannot be sued for defamation on the basis of such a remark. Qualified- individual may report what happens at an official govt proceeding or transmit the substance of an official govt report or statement and remain immune from libel even if the publication of the material defames someone. TERM 32 Ollman test DEFINITION 32 four pronged test to determine whether a statement is a fact or opinion Can the statement be proved true or false? What is the common or ordinary meaning of the words? What is the journalistic context of the remark? What is the social context of the remark? TERM 33 Fair comment criticism test DEFINITION 33 Is the comment an opinion statement Is the comment of public interest Is there factual basis TERM 34 T/F A private person plaintiff only has to meet the negligence standard to establish a ____case DEFINITION 34 TRUE TERM 35 Why did SCOTUS decline to hear Poe v. Allman? DEFINITION 35 because the case wasn't ripe yet and there was not any harm inflicted. TERM 46 Does privacy law protect involuntary public figures? DEFINITION 46 No, ex: Bristol Palin TERM 47 What are the elements of publicity of private facts? DEFINITION 47 There must be publicity to private facts about an individual The revelation of this material must be offensive to a reasonable person The material is not of legitimate public concern TERM 48 What is the main difference between libel and false light privacy torts? DEFINITION 48 In false light privacy torts, the plaintiff doesn't have to show the court that his reputation was harmed, only that something false was published and that this caused him to suffer embarrassment or humiliation. TERM 49 What was the outcome in Bailey v. Mathers? DEFINITION 49 Court ruled that the lyrics amounted to substantial truth bc Bailey admitted to bullying in the past. TERM 50 Does liable law allow for some privacy protection to involuntary public figures? DEFINITION 50 Yes, the involuntary public person received enhanced protection in libel, but it does not normally apply in privacy actions. TERM 51 What was the content issue in Time, Inc. v. Hill? DEFINITION 51 Hill family was held hostage in their home, book was written, play Desperate Hours was written, and Time magazine published a photo of play in front of Hill home. They sued for invasion of privacy, won money damages in NY court, SCOTUS sent the case back for retrial and Hill family gave up. TERM 52 T/F Both liable law and privacy law allow for injunctive relief to prevent an irreputable harm. DEFINITION 52 FALSE TERM 53 What was the conduct issue in Gullella v. Onassis? DEFINITION 53 Gullella was obsessed with taking pictures of Kennedys and would put family and children into harms way. Jackie showed that she wanted children to have a normal childhood, won case. TERM 54 T/F It is impossible to civilly libel a dead person. DEFINITION 54 TRUE