Libel

"Mixed" Statements of fact and opinion

CAN be Libelous

Buckley v. Valeo

Candidates can use as much of their own money on their own campaigns.

censorship

restricting access to ideas and information

Cohen v. California

1st amendment denies government the power to prohibit speech just because it is "offensive"

Defamation

the action of damaging the good reputation of someone; slander or libel.

Definition of Libel

Publication of a false statement of fact that seriously harms someone's reputation.

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.

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

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.

Hazelwood School District v. Kuhlmeier

1988 SuCo: Censorship of school newspapers is constitutional.

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.

Libel: Identification

name doesn't have to be stated for a libel case if a 3rd party can clearly identify them by the description

publication

a published work

Pure statements of fact

Cannot be libelous

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

Rights protected by 1st Amendment

freedom of speech, petition, press, assembly, religion

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.

Slander

False charges and malicious oral statements about someone

Tinker v. Des Moines

Students have the right to symbolic speech at school as long as it is not disruptive

Truth

An absolute defense

Truth as a defense

Truth is a defense to any defamation case

Truth vs. truth

Refers to the traditional/phallocentric/modernist idea of one reality (Truth) versus the nontraditional/feminist/postmodernist idea of multiple realities (truth).

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

West Virginia Board of Education v. Barnette

students can not be forced to salute the flag or say the Pledge of Allegiance