Libel law

Study for libel law

libel is

written

slander is

spoken word

defamation

any harmful or embarrassing statement or implication about an identifiable person or entity that is untrue.

Libel element 1

defamatory statement

Libel element 2

false statement of fact

Libel element 3

concerning another person or entity

Libel element 4

published without privilege to a third party

Libel element 5

fault (at least negligence)

Libel element 6

actionable on its face of special harm caused by the publication

Nominal Damages

 vindicate reputation probably not constitutional today

Special damages

to compensate for out of pocket expenses

General Damages: Presumed and Actual

• Presumed damages: Libel per se probably not constitutional today

• Actual for injury or loss not confined to out of pocket. Could include impairment of reputation within the community, humiliation, loss of standing in the community

Punitive Damages

• Intended to punish, not compensate. Usually requires proof of common law malice(i.e. reckless, carless, spite ill-will) some states require outrageous conduct. Some states do not allow punitive damages at all. Others require actual loss, award of compensatory damages

Public figure

• A public figure may be a person or party that works in a legal capacity (such as a mayor or political candidate)

Limited public figure

• A limited public figure, as reference to the case of Bartnicki v. Vopper, may be a person or party that is a public figure who is within the interest of the public outside of the US government, i.e., Bartnicki and Kane, negotiator and president of a teacher’s union respectively

New York Times vs Sullivan

Federal rule must prohibit public officials from recovering damages for defamatory falsehoods relating to official conduct unless actual malice is proven (by plaintiff). A defenses for truth does not avoid truthful criticism 

Garrison vs Robert Welch

Under the first amendment there is no such thing as a false idea As long as they do not apply liability without fault, the states may define the for themselves the appropriate standard of liability for a publisher or broadcaster of defamatory falsehood injurious to a private individual

• Private plaintiffs may only recover damages to compensate for actual injury unless they also prove actual malice 

New York Times vs United States

The government has a high burden of proof for issuing a prior restraint against the press. Prior restraints can be rejected if the information is important to the public conversations. 

Miami Herald v Tornillo

Most prior restraints are seen as unconstitutional, thus the government has the burden of proof that the prior restraint is necessary for public image. The government cannot interfere with the journalistic process, this includes giving room for government response or forcing a journalism company to publish certain views. 

Near v Minnesota

 This shows that while publications can be sued for libel, they cannot be banned from publishing in advance. 

CBS vs Davis

1. Even if there is a possible economic harm a prior restraint cannot be given out unless there is specific proof of a danger of safety. Also, news publications can use information that was obtained illegally if the news organization didn’t directly get the information illegally. 

US vs Marchetti and US vs Snepp:

1. Being a government employee means that you have less first amendment rights when it comes to revealing government secrets. Government officials voluntarily sign secrecy oaths which curtail their freedoms of speech.

Common law libel is a

tort

Tort

• -A civil wrong in which a court will provide a remedy in the form of an action for money damages. Actions are brought by the injured person (plaintiff) and the purpose is to compensate that individual at the wrongdoers expense

Prior restraint

-involve government action that prohibits speech and/or is used to stop speech before it happens ex. Temporary restraining orders,