Libel Laws and Defenses

Sources of Law

Various origins of legal rules and regulations

American System

Incorporates freedom, self-governing, and organized revolution

Common Law

Uniform legal system, judge-made law, based on precedent

Inductive System of Law

Legal rules developed from similar cases, creating precedent

Stare Decisis

Principle of following past legal decisions as precedent

Equity Law

Allows judges to create solutions for unique cases

Statutory Law

Laws derived from legislative bodies, anticipate societal issues

Constitutional Law

Highest law in the US, cannot be overridden

Void for Vagueness Doctrine

Law is too unclear for a reasonable person to understand

Overbreadth Doctrine

Law restricts more activities than necessary, limiting expression

Executive Orders

Legal orders issued by the president or governor

Administrative Law

Regulations set by government agencies, subject to judicial review

Judicial System

Comprises federal and state courts with distinct functions

Appellate Courts

Review legal procedures and application of law from trial courts

Amici Curiae

Friends of the court who file briefs and present oral arguments

Plurality opinion

Opinion joined by more justices than other options in a case

Per Curiam opinion

Drafted by one or more majority members and published as the court's opinion

Memorandum order

Announces vote without providing an opinion

Sitting en Banc

When a larger panel of judges hears an appeal

De Novo

When a court of general jurisdiction hears an appeal from a limited jurisdiction court

Judicial Review

Court's power to declare laws or actions invalid if they violate the constitution

Plaintiff

Initiates a civil suit and can be awarded monetary damages

Defendant

Party against whom the civil suit is filed

Demurrer

Motion to dismiss a civil suit by denying everything

Depositions

Official verbal answers under oath

Interrogatories

Official written answers under oath

Damages

Monetary award given to the plaintiff if they win the case

Criminal Prosecutions

State charges against private individual

Federal Grand Jury

Indicts in federal cases (16-23 citizens)

Information

Formal accusation by prosecutor

Arraignment

Formal reading of charges with plea

Standards of Proof

Criminal: beyond reasonable doubt; Civil: preponderance of evidence

Legal Citation Number

First page number of a case

Concurring Opinion

Agrees with result but not reasoning

Writ of Certiorari

Agrees to hear appeal of lower court ruling

Per Curiam Opinion

Unsigned opinion from appellate court

Rule of Four

At least 4/9 justices agree to hear a case

US Courts of Appeals

Total: 13

US Supreme Court Cases

Accepts fewer than 100 cases annually

Bench Trial

Trial without a jury, judged by a judge

Amici Curiae Briefs

Interest groups' briefs with vested interest

Clear and Present Danger Test

Words used in circumstances presenting clear danger of evil

Schenck v United States

Legal case involving WW1 socialist speech restrictions

Brandenburg Test

Standard for incitement of violence from media products

Strick Scrutiny Standard

State must prove compelling interest to regulate content

Incorporation Doctrine

First Amendment liberties applied to all government levels

Prior Restraint

Government prohibition of speech before it occurs

Near v Minnesota

Legal case ruling Minnesota's prior restraint unconstitutional

Pentagon Papers Case

Legal case allowing newspapers to publish documents on Vietnam conflict

Tinker v Des Moines

Supreme Court ruling against suspending students for wearing armbands

Hazelwood School District v Kuhlimeir

Court ruling school can censor high school newspaper for pedagogical concerns

Bethel School District v Fraser

Court ruling school did not violate free speech by suspending student

Frederick v Morse

Court ruling school did not violate student's free speech rights

Censorship of College Newspapers

Legal cases involving restrictions on college newspaper content

First Amendment Rights

Protected freedom of speech, religion, and press in the US

Censorship

Suppression or control of information or expression

Public Forum

Space open for public expression, like a college yearbook

Book Banning

Prohibiting access to certain books in libraries

Time, Place, Manner Restrictions

Regulations on when, where, and how speech can occur

Strict Scrutiny

Highest standard of judicial review for laws restricting speech

Public Forums

Spaces like parks with high protection for free speech

Designated Public Forums

Spaces intentionally created for expressive activities

Private Property

Non-government owned spaces with no First Amendment protection

Prior Restraints Laws

Legislation preventing felons from profiting off their crimes

Hate Speech

Speech that offends, threatens, or insults groups based on race, religion, etc.

Fighting Words

Words likely to provoke a violent reaction when spoken to or about someone

Election Campaign Regulations

Laws governing political campaign financing and contributions

Randall v Sorrell

2006 case where SC found Vermont campaign finance law unconstitutional for restricting campaign spending and contributions

Citizens United v Federal Elections Commission

2010 case where SC overturned law prohibiting unions and corporations from using general funds for advocacy ads near elections

Communication Decency Act

1996 act ruled unconstitutional by US SC in 1997, granting internet highest First Amendment protection

Net Neutrality

Principle of treating all internet traffic and content equally without charging more for faster access

Tort Law

Legal remedy for civil wrongs, excluding breach of contract, providing compensation to the injured party

Lawsuit Steps

Sequence: complaint, answer, motion to dismiss, discovery, settlement, trial, appeal

Jury Decision

In civil cases, jury decisions do not always require a unanimous verdict

Texas Court Choices

Options: county court or district court for legal proceedings in Texas

Five Sixths Agreement

Valid verdict in civil trials

SLAPP Lawsuits

Lawsuits brought to silence others with exaggerated damage claims

Defamation

Damaging someone's reputation with truth or falsehoods

Presumed Publication

Material in mass media is automatically considered published

Trade Libel

Focuses on false statements about products causing monetary loss

Tort

Legal wrong allowing injured party to sue

Statute of Limitations

Time limit to file a lawsuit (1 year for libel in Texas)

Default Judgment

Court decision against defendant for not answering complaint

Pure Opinion

Non-defamatory statements based on personal views

Innuendo

Potentially defamatory implied meanings

Attribution Rule

Every republication of libel is considered a new libel

Group Identification

Statements about large groups not grounds for libel suits

Libel Per Quod

Innocent statements becoming defamatory with additional facts

Counterclaim

A claim made by a defendant against the plaintiff.

Discovery

Process where parties exchange relevant litigation information.

Mediation

Voluntary resolution of issues with a neutral third party.

Arbitration

Agreement to resolve disputes with a binding decision.

Motion

Request to court to dispose of a case or portion of it.

Trial

Legal proceeding if parties do not reach an agreement.

Jury Trial

Trial where either party can choose a jury of 6 or 12.

Appeal

Process where either party challenges a trial decision.

Complaint

Legal document outlining plaintiff's claims against defendant.

Civil Law

Addresses disputes between individuals or organizations.

Criminal Law

Involves charges brought by the government against individuals.

Libel

A written defamation that harms a person's reputation.