Libel

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24 Terms

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"Mixed" Statements of fact and opinion
CAN be Libelous
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Buckley v. Valeo
Candidates can use as much of their own money on their own campaigns.
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censorship
restricting access to ideas and information
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Cohen v. California
1st amendment denies government the power to prohibit speech just because it is "offensive"
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Defamation
the action of damaging the good reputation of someone; slander or libel.
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Definition of Libel
Publication of a false statement of fact that seriously harms someone's reputation.
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First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
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Four things a plaintiff must prove if suing for libel
1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject
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group libel/hate speech
Not specifically protected/unprotected by 1st Amendment. However, considered defamation in most cases, so not protected. Also often considered "Fighting Words" and so not protected.
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Hazelwood School District v. Kuhlmeier
1988 SuCo: Censorship of school newspapers is constitutional.
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Journalists' best practices to avoid being successfully sued for libel
Only say what you can prove, keep your records, obtain consent, check your facts, use reliable sources.
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Libel: Identification
name doesn't have to be stated for a libel case if a 3rd party can clearly identify them by the description
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publication
a published work
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Pure statements of fact
Cannot be libelous
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Red Flag Libel Statements
• Accusations of illegal conduct orinvolvement with the criminal justicesystem or criminals• Charges of sexual misconduct or promiscuity• Statements that attack a person's honestyor integrity• Negative statements about grades or academicability• Statements of racial, religious or ethnicbigotry• Charges that question a person's financialstability, creditworthiness, or economic status• Statements that negatively affect a person'sability to engage in his business, trade orprofession
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Rights protected by 1st Amendment
freedom of speech, petition, press, assembly, religion
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Satire
the use of humor, irony, exaggeration, or ridicule to expose and criticize people's stupidity or vices, particularly in the context of contemporary politics and other topical issues.
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Slander
False charges and malicious oral statements about someone
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Tinker v. Des Moines
Students have the right to symbolic speech at school as long as it is not disruptive
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Truth
An absolute defense
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Truth as a defense
Truth is a defense to any defamation case
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Truth vs. truth
Refers to the traditional/phallocentric/modernist idea of one reality (Truth) versus the nontraditional/feminist/postmodernist idea of multiple realities (truth).
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types of unprotected speech
(1) dangerous speech(2) fighting words that are likely to provoke a hostile or violent response from an average person(3) speech that incites the violent or revolutionary overthrow of the government(4) defamatory language(5) child pornography(6) obscene speech
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West Virginia Board of Education v. Barnette
students can not be forced to salute the flag or say the Pledge of Allegiance