Chapter 4

Libel

Publication or broadcast of any false statement that injures someone’s reputation

It is **permanent** damage

The person suing must be alive

Companies can sue for libel

Slander

**Temporary** damage to reputation

Must be oral or spoken

Goal of libel lawsuit

Repairs damage to reputation

Collect money to compensate

**Elements of Libel Lawsuits**

1. Publication: Person is just as guilty in a libel case for republication. (Aka: retweeting) Online service providers (OSPs) are considered channels and do not control content on its platform

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2. Identification: Must prove it is about you. Group identification is difficult to prove

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3. Defamation: Parody speech is protected
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5. Defendant at fault: Must prove (with support) that the information told was false. Very minor errors that are not connected to the case will be dismissed
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7. Material was fake

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**All points must be met in order create a true libel case**

**New York Times v Sullivan**

A NYT ad taken out by civil rights group spoke ill about southern police forces

Specifically mentioned Montgomery PD, LB Sullivan was police chief, so he sued the NYT

SCOTUS overturned original ruling to be in favor of NYT, because the ad did not create **actual malice**

*This proved that public figures need to be aware that they may get backlash*

Types of Public Figures

1. Public Official: Elected/appointed to office (NYT v Sullivan)
2. All purpose Public Figure: Known somehow, prominent (NYT v Sullivan)
3. Limited Purpose Figure: Private citizen that has thrown themselves into forefront of a public controversy with intent to influence on the issue. Personal life is private, political life is public

*need to prove actual malice*

Actual Malice

Public figure must prove what was said was false or reckless disregard for the truth

Media companies try to get the people who are suing them to be seen as public figures, because it is much harder to win a lawsuit that way

Private Person

Anyone not considered a public figure

In court, only need to prove negligence, not actual malice

Easier to win lawsuit

Reckless Disregard for the Truth

Decided by SCOTUS in 1967


1. Timeliness: Did the post need to come out immediately or did you have time to do in depth research about what is right and wrong?
2. Reliability: Was your source honest and trustworthy or not?
3. Probability: Is it possible that this event could happen, whether it did or not?

**Curtis Publishing v Butts** (1967)

Curtis Publishing wrote article claiming that Butts (Georgia Athletic Director) and Alabama Head Coach decided who would win their football game before it happened.

Butts won, because he proved actual malice against him by the company


1. Timeliness: Article came out 7 months after game. They had plenty of time to decide if it was legit
2. Reliability: Only witness was a man who just got out of jail for illegal gambling
3. Probability: The two schools despise each other, why would they do this?

**Associated Press v Walker** (1967)

Walker was a segregationist in the south

AP wrote article about integration at Ole Miss, claimed that Walker was in attendance and attacked police officer escorting student into classroom

Walker lost, because he could not prove actual malice


1. Timeliness: Article came out immediately after the event
2. Reliability: The source had been used before and was trustworthy
3. Probability: Walker said that he would have been there if he could, but was not, so proved that he could have done this

Intentional Infliction of Emotional Distress

1. Must be reckless and intentional
2. Must be extreme and outrageous
3. Prove that defendant caused distress to plaintiff
4. Distress must be severe