Chapter 4
Topic Review
Protecting individual reputation is
held with high value since it is easily torn down while having lasting impacts.
Threats from libel suit are thought to be quite awful when they take place in the
media which places a reluctance to publish freely and peruse stories
aggressively. What must be proven in court is as follows: a statement of fact,
that is published, that is of and concerning the plaintiff, that is defamatory,
that is false, that causes damage (or harm), and that is the result of fault by
the defendant. Libel plaintiffs are to show that the defendant is the reason
for publishing defamatory material. This in turn makes the level of fault that
must be proved difficult since it varies on the plaintiff’s status. Coinciding with
libel is the intentional, reckless extreme, or outrageous conduct that can
result in severe emotional harm and may lead to intentional infliction of
emotional distress. Plaintiff’s suing for this, negligent infliction of
emotional distress, must show that there was a duty of care and that that duty
of care was breached causing severe emotional distress.
Defining Key Terms
Damages- monetary compensation that may be recovered in
court by any person who has suffered loss or injury. Damages may be
compensatory for actual loss or punitive as punishment for outrageous conduct
Burden of Proof- requirement for a party to a case to
demonstrate one or more claims by the presentation of evidence. In libel law,
for example, the plaintiff has the burden of proof
Communications Decency Act- part of the 1996
telecommunications act that largely attempted to regulate internet content. Communications
decency act was successfully challenged in Reno v. American Civil Liberties
Union (1997)
Libel Per Se- statement whose injurious nature is apparent
and requires no further proof
Libel per Quod- statement whose injurious nature requires
proof
Actual Malice- in libel law, a statement made knowing it is
false or with reckless disregard for its truth
Deposition- testimony by a witness conducted outside a
courtroom and intended to be used in preparation for trial
Public Figure- in libel law, a plaintiff who is in the
public spotlight, usually voluntarily, and must prove the defendant acted with
actual malice in order to win damages
All Purpose Public Figures- in libel law, a person who
occupies a position of such persuasive power and influence as to be deemed a
public figure for all purposes. Public Figure libel plaintiffs are required to
prove actual malice
Limited Purpose Public Figure- in libel law, those
plaintiffs who have attained public figure status within a narrow set of
circumstances by thrusting themselves to the forefront of particular public
controversies in order to influence the resolution of the issues involved; this
kind of public figure is more common than the all- purpose public figure
Bootstrapping- in libel law, the forbidden practice of a
defendant claiming that the plaintiff is a public figure solely on the basis of
the statement that is the reason for the lawsuit
Involuntary public figure
Involuntary Public Figure- in libel law, a person who does
not necessarily thrust himself or herself into public controversies voluntarily
but is drawn into a given issue
Private Figure- in libel law, a plaintiff who cannot be
categorized as either a public figure or a public official. Generally, in order
to recover damages, a private figure is required to prove not actual malice but
merely negligence on the part of the defendant
Emotional Distress- serious mental anguish
Intentional Infliction of Emotional Distress- extreme and
outrageous intentional or reckless conduct causing plaintiffs severe emotional
harm; public official and public figure plaintiff must show actual malice on
defendant’s parts
Negligent Infliction of Emotional Distress- careless breach
of a duty that causes the plaintiff severe emotional harm
Reckless- word used to describe actions taken with no
consideration of the legal harms that might result
Relevant Doctrine
Slander vs. Libel- The laws governing each are similar but
distinct- damages awarded for libel are usually higher than for slander.
Written communication is likely to cause more harm because it lasted longer and
its audience was larger. Defamatory content in broadcasting is deemed libel in
most states, slander in some others. Some states hold that if broadcast
defamation is from scripted material, it is libel. Otherwise, it is slander.
The Plaintiff’s Libel Case-
1.
A statement of fact
2.
That is published,
3.
That is of and concerning the plaintiff,
4.
That is defamatory,
5.
That is false,
6.
That causes damage (or harm) and
7.
For which the defendant is at fault
Burden of Proof as Deterrent- The burden of proof of falsity
occasionally serves as a deterrent to potential plaintiffs. The requirement to
delve deeply into the allegedly libelous statement and refute its veracity is
sometimes so distasteful that would-be plaintiffs choose not to file libel
claims in the first place. The information revealed in the process may be more
embarrassing and damaging to reputation than the allegedly libelous statement. In
addition, this proof of falsity requirement leads targets of some news media
investigations to conclude that a libel claim is not their best course of
action. That is, under some circumstances, plaintiffs may not want the truth or
falsity of a news report’s claims analyzed. The possibility that the
allegations could be proved true or substantially true can be discouraging to a
potential plaintiff.
Actual Malice-
1.
Knowledge of falsity or
2.
Reckless disregard for the truth
“Reckless Disregard” Criteria
1.
Urgency of the story. Is there time to check the
information.
2.
Source reliability. Is the source trustworthy?
3.
Number of sources. More than one source.
4.
Story believability. Is further examination
necessary?
Limited- Purpose Public Figure
1.
A public controversy must exist before the
publication of the allegedly libelous statement.
2.
The plaintiff must have in some way participated
voluntarily in trying to resolve this controversy
3.
The plaintiff’s participation actively sought to
influence public opinion regarding the controversy
Intentional Infliction of Emotional Distress
1.
Plaintiff’s Case
a.
Defendant’s intentional or reckless conduct
b.
Was extreme and outrageous- beyond the bounds of
decency tolerated in civilized society;
c.
Involved actual malice, if plaintiff is a public
official or public figure; and
d.
Caused plaintiff’s severe emotional distress
2.
Defense
a.
There is no defense if plaintiff proves his or
her case
Parody or Satire? - The Supreme Court has explained that
there is a difference between “parody” and “satire”: “Parody needs to mimic an
original to make its point, and so has some claim to use the creation of its
victim’s imagination, whereas satire can stand on its own two feet and so
requires justification for the very act of borrowing.”
Significant Cases
New York Times Co. v. Sullivan- In order to prove libel, a
“public official” must show that the newspaper acted “with 'actual malice'–that
is, with knowledge that it was false or with reckless disregard” for truth.
Hustler Magazine Inc. v. Falwell- a United States Supreme
Court case in which the Court held that the First and Fourteenth Amendments
prohibit public figures from recovering damages for the tort of intentional infliction
of emotional distress (IIED), if the emotional distress was caused by a
caricature, parody, or satire of the public figure that a reasonable person
would not have interpreted as factual.
Current Events and Controversies
President Trump claimed he was going to open up libel laws so
that “when they write purposely negative and horrible and false articles, we
can sue them and win lots of money.” This is controversial because his
motivations come from his own personal issues with mainstream media and their
coverage of him. Most of the coverage surrounding him is true and he is
constantly at war with protecting his image even if there is nothing to
protect.
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