Defamation Law and Key Cases

These flashcards cover key concepts regarding defamation law, significant court cases, and the implications of the New York Times v. Sullivan decision.

What was the outcome of New York Times v. Sullivan regarding public officials suing for libel?

It is more difficult for public officials to recover damages for libel than for private individuals.

What did Justice Black believe about public officials suing for libel?

Public officials should be held to a higher standard of conduct than private individuals.

Which playwright's quote was cited in Milkovich v. Lorain Journal?

Shakespeare.

What tort was involved in Hustler Magazine, Inc. v. Falwell?

Intentional infliction of emotional distress.

In the Rolling Stone article about Jackie, what misleading claim was made regarding her gang rape?

That Charlottesville police covered up evidence of her gang rape.

What are the two main forms of defamation?

Libel (written) and Slander (spoken).

What are Per Se rules in defamation law?

They include serious crimes, loathsome diseases, impugning honesty, and false charges of unchastity (especially for women).

What was a significant change after New York Times v. Sullivan regarding proof of malice?

Public officials must prove actual malice to recover damages.

What is meant by 'strict liability' in defamation before NYT v. Sullivan?

No need to prove malice or negligence for a plaintiff to recover damages.

What burden of proof must an injured party meet after NYT v. Sullivan?

The injured party must prove the statement is false.

What notable case extended the NYT v. Sullivan standard to public figures?

Curtis Publishing v. Butts.

What is a 'Summary Judgment'?

A judgment by a judge before trial that determines the outcome based on legal issues, not factual disputes.

Who was L.B. Sullivan and what role did he play in the New York Times case?

He was the Commissioner of the Montgomery police who sued NYT for implying misconduct.

What was the impact of the editorial advertisement run by the New York Times?

It clarified the concept of defamation in America.

According to William Brennan in NYT v. Sullivan, what is essential to a democracy?

Uninhibited, robust debate on public issues.

What question does the Tort of Defamation raise regarding the number of people affected by a statement?

Should there be a legal standard stating a statement 'of or concerning' a certain number of people cannot be defamatory?

When was the Rotunda at the University of Virginia designed and by whom?

It was designed by Thomas Jefferson.

What phenomenon is referred to as 'The Trump Effect'?

A resurgence of concepts like freedom of speech among liberals since Trump's second inauguration.

Who was the publisher of Hustler Magazine during the Hustler v. Falwell case?

Larry Flint.

What case questioned the concept of 'rhetorical hyperbole' in defamation?

The Tort of Defamation raises questions surrounding rhetorical hyperbole.