Comm 403- Libel Exam

Why can’t the speech of a senator speaking on the floor of the Senate while the Senate is in session be the basis of a successful libel suit?

It receives an absolute privilege from libel suits, Article 1, Section 6 of the Constitution protects such speech, and the framers valued robust debate in Congress.

Which of the following is privileged, that is, it cannot be the basis of a successful libel suit?

Testimony by a person on the witness stand during a trial, the opening and closing statements of attorneys in a trial, and the reading in open court of the jury’s verdict.

Which of the following is privileged, that is, it cannot be the basis of a successful libel suit?

A citizen speaking for or against proposed legislation at a bill hearing, a citizen speaking about any issue during the public comment section of a city council meeting, and a county executive recommending policy to the county commissioners during the monthly meeting of the county commissioners.

If a communication receives a qualified privilege from libel suits, there is also always an underlying communication on which it is based that receives an absolute privilege.

False

What is reckless disregard for the truth?

Publishing something with a high degree of awareness that it is probably false, publishing something with serious doubts as to whether or not it is true, and it is one of the forms of actual malice.

If a person has been arrested for committing murder, but has not yet been on trial, what should she be called in a newspaper story?

The person who was arrested in connection with the murder.

How many IRACs are necessary to analyze a libel hypothetical?

Three: the plaintiff analysis, the elements of libel, and fault (which is IRACed separately even though it is one of the elements of libel).

Defenses against libel actions, in addition to qualified privilege and the opinion defenses, include

consent and right of reply.

Why must one do a plaintiff analysis first?

The fault applied depends on what type of plaintiff is bringing the suit. Public officials, public figures, and limited-purpose public figures usually have to show actual malice to win suits against mass media defendants. Private parties only have to show negligence, a much easier standard to prove.

According to the U.S. Supreme Court, changing the words in a quotation

is usually negligent.

The libel alleged in New York Times v. Sullivan came in

an advertisement.

A court trial is one government proceeding excluded from the application of qualified privilege.

False

A person who was considered a public figure in connection with a public controversy remains a public figure with regard to stories published or broadcast about that controversy in the future, despite the passage of time.

True

What do you write when you get to the application of prong 5, fault, in the elements of libel IRAC?

“I will IRAC fault separately.”

Why argue in the alternative?

If the court does not agree with an attorney that one side wins or loses on a prong of a rule, it may agree with the attorney on later prongs.

Which is black letter law?

Milkovich

Which are courts more likely to apply when a libel defendant claims the communication was opinion?

Ollman

Which justice wrote the opinion from which we get the Ollman test?

Rehnquist

What do you write in the conclusion of the elements of libel IRAC?

“Assuming fault can be shown, yes,” or “Assuming fault can be shown, no,” depending on whether the other four elements have been met.

Which justice has suggested he is open to reconsidering the actual malice standard in New York Times v. Sullivan?

Thomas

Which of the following likely would be deemed a limited-purpose public figure?

None of the above

How many elements of libel are there?

Five

What is a tort?

A private wrong

Why did an Ottertail County, Minnesota coroner only have to show negligence when she sued for libel?

She was appointed, not elected to the office, she had not knowingly thrust herself into the spotlight on a public issue, and the story that contained the defamatory comments about her was not about her work for Ottertail County.

Why did Sullivan sue the New York Times?

He claimed his reputation was injured by untrue allegations contained in the newspaper.