Mass Communication Law

D.I.P.F.F.

defamation, identification, publication, falsity, fault.

NY V Sullivan: What was the case? What did it expand?

Supreme Court case where NY Times published ad alluding to Montgomery Commissioner Sullivan, who sued for libel. It expanded the 1st Amendment requiring proof of “actual malice” and fault (public figure).

3 Requirements of Defamation

1. Must actually damage reputation.

2. Must provide proof of damage (i.e. money, follower count)

3. A significant representative minority believe it.

4 Types of Defamatory Language

Ordinary Meaning (is the “insult” actually insulting today?)

Journalistic Clarity

Reader Habits (Is the libel in headlines or 1st 6 paragraphs?)

Innuendo (Was something implied?)

4 Types of Identification

Describing everything about someone.

Mistakenly describing someone as someone else.

Describing a group of people.

Labeling an article as fiction when that event really occurred.

What two questions identify public officials?

Who is the plaintiff (what is their job description?)

What is the nature of the story (does the libel match the person?)

Public Official

Occupies position of pervasive power and influence

What makes a limited-purpose public figure?

The case involves a public controversy.

The figure participates voluntarily (statement on social media, leading a protest, giving a speech).

The figure is trying to influence public opinion.

Malice Requirements

Falsity

Reckless disregard for truth

Negligence Requirements

Failure to excersise reasonable care