Communication Law - Chapter 4 (Defamation)

What was the outcome of Watts v. United States?

The court ruled that Watts's speech was protected as political hyperbole.

What does the case United States v. Butteroff illustrate?

It addresses the legality of providing instructions for committing fraud, which can be considered aiding and abetting a crime.

What was the ruling in United States v. Barnett regarding selling instructions?

It is a crime to sell instructions on how to make illegal drugs like angel dust.

What does Rice v. Paladin establish about instruction manuals?

It holds that providing instructions for committing a crime can be part of the crime itself, not just mere advocacy.

What was the significance of West Virginia v. Barnette?

The ruling stated that compelled speech, such as forcing Jehovah's Witnesses to salute the flag, violates freedom of speech.

What was the ruling in 303 Creative v. Elenis?

The court ruled that a website designer could refuse service to a gay couple, as unpopular speech is still protected.

What is the significance of the New York Times v. Sullivan case?

It established that public officials must prove actual malice to win a defamation case.

What are the two types of defamation?

Slander (spoken) and libel (written).

What is libel per se?

Defamation that is clear on its face, such as accusations of criminality or disease.

What is libel per quod?

Defamation that requires context to be understood as harmful.

What are the plaintiff's burdens in a defamation case?

The plaintiff must be identifiable, the statement must be false, and it must be heard by a third party.

What defenses exist against defamation claims?

Truth, privilege, and the distinction between opinion and fact.

What types of damages can be awarded in defamation cases?

Actual damages, general damages (pain and suffering), and punitive damages (for deterrence).

What does the term 'actual malice' refer to in defamation law?

It refers to making a statement with a reckless disregard for its truth or falsity.

What did Curtis Publishing v. Butts establish about public figures?

It expanded the Sullivan standard to cover public figures, not just public officials.

What is the significance of the Monitor v. Roy case?

It determined that even private conduct of public figures is subject to the Sullivan standard.

What is the role of intent in the Brandenburg test?

It assesses the intent, imminence, and likelihood of the speech inciting illegal action.

What does the term 'compelled speech' refer to?

Forcing individuals to express certain views or messages against their will.

What was the court's stance on political speech in the case of John Turner?

The court considered whether deportation could be based on political beliefs.

What was the outcome of the case regarding compelled speech in the context of Jimmy Kimmel?

The FCC threatened to deny a merger if Kimmel's political opinions were not suppressed.

What is the significance of the Exclusion Act in relation to political beliefs?

It raised questions about the legality of deporting individuals based on their political views.

What does the term 'aiding and abetting' mean in the context of speech?

It refers to speech that contributes to or facilitates the commission of a crime.

What is the key distinction made in Whitney v. California?

It differentiates between advocacy of ideas and direct threats of violence.