Landmark Cases in Defamation Law: From Libel to Internet, Quizzes of Communication and Development studies

Download Landmark Cases in Defamation Law: From Libel to Internet and more Quizzes Communication and Development studies in PDF only on Docsity! TERM 1 Sheckler v. Virginia Broadcasting Corp. (2004) DEFINITION 1 Young girl, Melinda, was employed by a TV station in Charlottesville. She heard that Sheckler and 4 other guys were arrested for cocaine possession. In actuality, no agents searched his house or confiscated anything. Sheckler exchanged money with friend (he said to help friend buy a house and plaintiff said to buy drugs) Jury found him not guilty Station was found for libel and had to award him $10 million; lowered to $1 million on appeal TERM 2 RALPH Cipriano case DEFINITION 2 Philadelphia Inquirer reporter named Ralph sued his editor for both libel and slander. Sued boss for criticizing his work. Reporter wrote about how much higher ups in Catholicism spent. Written and speaking bad about him in office. Settled out of court for $7 million TERM 3 The Kosher Butcher Shop Case DEFINITION 3 thieves broke into butcher shop and newspaper said many more things had been stolen including ham and meat equipment; wouldnt have known why butcher sued paper; was a kosher butcher shop Libel Per Quod: something that isnt obviously libelous 1. When there are two possible interpretations of a statement 2. When hitherto unknown facts arise TERM 4 The Maurice Tucker (the trucker) case DEFINITION 4 Trucker named Tucker was arrested for making harassing telephone calls. Dallas News ran a story about his case that ran next to a story with the headline that was something about harassing phone calls and jail time. Said it implied that he was guilty and had to go to jail TERM 5 Libel Per Quod Vs. Libel Per Se DEFINITION 5 Libel Per Quod: something that isnt obviously libelous Libel Per Se: dont need additional information to be labeled libelous TERM 6 The Oklahoma Football Team case DEFINITION 6 Largest group of ppl ever to sue and win was the University of Oklahoma football team (about 60 ppl) Someone wrote story about team that said that team was doing so well because they were using amphetamines. It didnt name anyone specifically, but team sued saying that it implied them all Won the case!!! rare for a team of so many to win TERM 7 The Rocking Palace Case (Identification) DEFINITION 7 Bootleg whiskey bar run by Wayman davis Raided and authorities confiscated moonshine whiskey (untaxed) Newspaper reported that Davis and his brother had been arrested at the scene; this was true but Davis had two brothers. The one that didnt live in the same town was the one making the whiskey. The unnamed brother in Macon sued successfully because he convinced jury that everyone in town would think it was him Brother won... Can't identify!!! not part of them TERM 8 The Col. Sanders case DEFINITION 8 Cornel Sanders that started fried chicken empire. He eventually retired and sold business but was still the face of the company After he sold his business, they introduced extra crispy In an interview he said it was nothing but a damn fried dough ball on a stick Chain sued Sanders (their spokesperson) Court decided that he only offended one restaurant, not the entire chain, so they found him NOT guilty of libel TERM 9 Wayne Newton Case DEFINITION 9 NBC aired a show on which someone claimed Wayne Newton was connected to the mafia. but couldn't prove Found in Newtons favor. He was awarded $5 mill in actual damages and almost $8 mill in special damages (monetary lost) and divided that into two subcategories: awarded $1.1 mill more in possible future damages and tacked on a $5 mill punitive damages Federal appeals court ruled that nobody had established actual malice and Newton lost all $19 million NO ACTUAL MALICE TERM 10 Pring v. Penthouse DEFINITION 10 Miss Wyoming, Kim Pring, posed for Penthouse. She objected to the stuff they wrote about her that went under the picture that she claimed made her look immoral. Sued for libel. Jury found in her favor and she got $1.5 bill and $25 mill in punitive Penthouse had judgment reversed on appeal and ruled that the words were merely fantasy and noone would take them seriously so Pring lost all money. Penthouse did not perform actual malice, they did what they do in every issue TERM 21 The Vernelle Lipscome Case DEFINITION 21 High school teacher in Richmond, VA Student newspaper did some writing about the teachers there and were really hard on Ms. Lipscome. She sued them and jury awarded her $1 mill in general damages and $45,000 in punitive State supreme ct found that actual malice had not been established so it was reversed TERM 22 The Angus McPherson Case DEFINITION 22 If you use a made up name about someone, that doesnt save you In Key West, FL, a business man won for being accused for robbery by newspaper Article hat accused him was signed Angus McPherson (the newspaper editors dog) TERM 23 Skipper Coffin Case DEFINITION 23 Dean of Journalism school at UNC was a member of the rotary club. Rotary club had a speaker come who titled his presentation Jesus was the First Rotary. Coffin was mad and wrote a mean editorial, calling the speaker an immigrant. The speaker sued for libel and court said that Coffin won because it wasnt true that Jesus was part of a rotary club. Then another court favored the speaker because he was from SC, not an immigrant TERM 24 The Mayor James Curley case DEFINITION 24 o Mayor of Boston (Curley) knocked reporter out o Reporter wrote a truthful story about mayor Curley serving jail time o Editor got cartoonist to draw a cartoon of the mayor o Mayor sued for libel; paper defended on basis of truth o Mayor showed actual malice (only reason he ran the story was because he lost the fight and it was out of malicious intent and the mayor won o *motive as qualification for complete and qualified defense TERM 25 The Oscar Triggs Case DEFINITION 25 Triggs was a prof at University of Chi-Town. Often criticized Shakespeare while complimenting his own. Made fun of in a NYT article. Triggs sued paper. Reporter also made fun of Triggs and Mrs. Triggs for taking over a year to pick a baby name. Writer couldnt defend of fair comment because of #4 (must refer to plaintiff only in connection with the event that prompted the comment) TERM 26 The Cherry Sisters Case (Cherry v. DesMoines Leader) DEFINITION 26 Trio of singing sisters went to a town in Iowa. Reporter wrote a mean review of them. Cherry sisters filed suit. Paper defended on basis of fair comment. Jury favored paper TERM 27 ALL previous cases were.... DEFINITION 27 DEFAMATION!!!! Libel: any word, statement or picturewritten broadcastthat unjustly tends to bring any person into public hatred, contempt or ridicule; causes him/her to be shunned or avoided; or injures a person in his or her business or profession Slander: spoken defamation uttered in front of a small audience TERM 28 Defamation DEFINITION 28 o most defamation cases are libel o about 70% of all libel cases are brought against the mass media; and 2/3 of those are newspapers o punishment for civil libel is monetary (compensation for harming reputation) o relatively few criminal libel cases; money goes to state and you can be sent to jail o cheaper to sue someone for criminal libel TERM 29 Requirements in modern libel cases DEFINITION 29 1) a false and defamatory statement of fact concerning the plaintiff was published to a third party. 2) the publication was not privileged and was made with fault on the part of publisher and 3) the publication caused actual injury. TERM 30 Ollman v. Evans DEFINITION 30 A professor sued columnist Evans & Novak for depicting him as a Marxists. The columnist won thanks to the opinion defense. o The Ollman Test: to distinguish opinion from fact Examine the meaning of words used Can remark be proven or disproven? Examine the words in context Consider the broader social context of remarks TERM 31 Mashburn v. Collins DEFINITION 31 Mashburn was an owner of a New Orleans restaurant. A Food Critic thought the food didnt go with his French restaurant. Mashburn sued but the Food Critic won b/c it was opinion (proved with the 4 points above) TERM 32 The Keystone Kops case DEFINITION 32 NY-Times joked in an article a/b a report of men gambling in an alley way. When the police got the paddy wagon to collect them, the gamblers ran. Confused policemen ran into one another and knocked each other out. Once the gamblers were caught they forgot to lock the front door and they escaped again. NY-Times thought this story was funny, policemen involved sued and won. Convinced jury that only reason story was run was to laugh at them when they were trying to do their jobs. TERM 33 Milkovich v. Lorraine Journal DEFINITION 33 Fight broke out at a HS wrestling match. Newspaper story said that coach Milkovich encouraged his team to slug it out. Coach sued. Paper said it was their opinion, but they got scared they were going to lose and settled out of court. (Changed opinion as defense, since an opinion cannot be proved false it cannot be the basis for a successful libel action) TERM 34 The Dan Moldea case DEFINITION 34 : Moldea wrote a book Interference: How organized crime influences professional football Got a review by NY-Times that was negative and criticized his reporting as being sloppy. He sued them and lost b/c of Fair Comment defense writers of reviews must have breathing room to say something was bad. TERM 35 Privilege of a participant DEFINITION 35 libel someone in court or any official meeting what you say during the official sessions is privileged (cant get sued for it). This is not available to the media. TERM 46 New York Times Rule DEFINITION 46 a new definition of actual malice in cases involving public officials. Public officials could win a libel action based upon criticism of official conduct only if the official could prove actual malice: 1) prior knowledge of falsity 2) reckless disregard of the truth traditional test of actual malice still applies to private citizens (deliberate intent to do harm, reckless disregard.. negligence) a complete defense TERM 47 The Jim Garrison case DEFINITION 47 district attorney of New Orleans. Making changes of local judges saying they were lax in prosecuting prostitution; criminal libel suits. Courts decided that this case should be covered by NYT rules. Rule was widened from civil libel cases to criminal cases. TERM 48 The Elizabeth Barnes case 70 DEFINITION 48 not a public official but a candidate, sued Baltimore sun. Court ruled that she was running against a public official so she should have same proof as public official and would have to prove actual malice. Lost b/c she couldnt TERM 49 Curtis Publishing v. Butts 67 DEFINITION 49 until this time, only public officials were covered by NYT rule. Saturday evening post was sued, business man claimed he was making a phone call when he accidently got caught in a phone convo b/t the coach of Alabama and Georgia. They were trying to fix a football game. Bryant settled out of court, Butts won $500K, post found guilty of reckless disregard for the truth. little difference b/c public officials and public figures **Courts decided that controversial public figures should be covered by NYT rule and would have to prove actual malice as well TERM 50 The Jimmy Breslin case DEFINITION 50 Breslin is a writer who hates the south, wrote a/b a bartender who witnessed mafia murder. He portrayed the bartender as being wimpy and scared in his story. The bartender didnt like it, sued. Bartender lost b/c court decided the times rule should be extended to protect people who are involuntary public figures someone who is involuntary newsworthy TERM 51 Rosenbloom v. Metromedia DEFINITION 51 NYT rule widened AGAIN. Stations owned by media giant Metromedia were sued by Rosenbloom (a man who sold girly mags) b/c Metromedia called him a pervert Taken to court for obscenity charges but ruled not guilty Then he sued media company for saying he was selling obscene materials SC extended NYT rule to persons involved in issues regarding public or general concern so that he wouldnt win TERM 52 Gertz v. Welch 74 DEFINITION 52 Gertz was a lawyer in Chicago; Welch was publisher of conservative magazine owned by Jon Birch Society. Said Gertz was a criminal and a communist. Actual malice rule should apply b/c article discussed Gertzs public activity. TERM 53 Gertz v. Welch established what? DEFINITION 53 SC agreed with jury that Gertz was not considered a public figure; pulled back coverage of NYT rule Overturned Rosenbloom! Said there were 3 types of pub figs: 1) all purpose: ppl who have achieve pervasive fame household names 2) limited purpose: thrust themselves to the forefront of a particular controversy in order to influence the resolution controversy has to exist before the person involves themselves 3) involuntary figures: thrust into controversy TERM 54 Bad for the Press: DEFINITION 54 Narrowed the reach of the Times Rule and made it easier for some ppl to win a libel suit Allowed the states to set their own individual rules regarding what private figures would have to prove in order to win a libel suit (VA picked the negligence standard). Made things more complicated for media that reach more than one state TERM 55 Good for the Press DEFINITION 55 Punitive damages no longer would be awarded unless actual malice is proved Plaintiffs would have to show some real damage to their standing in the community Accidental libel would no longer sustain a suit (a typo, for example) TERM 56 The Firestone case DEFINITION 56 Firestone wife sued times mag for calling he an adulteress. Trial gave her $1,000 settlement but she didnt show prior knowledge of falsity or reckless disregard SC ruled in her favor, might be a public fig in palm beach, but didnt place herself as a controversial pub fig Tries to clarify that a pub fig must be someone in the news TERM 57 Hutchinson v. Proxmire DEFINITION 57 senator proxmire awarded golden fleece award to ppl who did stupid stuff, sued by proff Hutchinson who was awarded a grant to study aggression by analyzing monkeys that clench their teeth under aggression, when he awarded him a golden fleece. Sued him saying he was not a public figure and the SC agreed with him, senator awarded out of court. TERM 58 Wolston v. Readers Digest DEFINITION 58 RD called wolston a Russian spy. SC said he was a private figure b/c he hadnt thrust himself into the spotlight. Wolston won b/c of that. * Sc said if they didnt voluntarily put themselves in the spotlight, they were private TERM 59 Vortex DEFINITION 59 Limited public figure=Vortex public figure - Persons will be classified as limited, or vortex public figures (and hence covered by the Times Rule) only if: 1) they are involved in a public controversy 2) they have participated in discussion of that controversy 3) they have tried to affect the outcome of that controversy TERM 60 The Joseph Wiegel case DEFINITION 60 Farmer, Wiegel, Joined in discussion a/b controversy regarding runoff of water on farms, didnt like how he was portrayed in a story so he sued. Lost b/c he was considered a public figure