Libel, law cases, and more
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| Libel | Any false statement, written or broadcast, which tends to: Bring any person into public hatred, contempt or ridicule him to be shunned or avoided or, injure him in his business or profession. Libel in a civil wrong, not a crime.
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| Sullivan vs. The New York Times- 1964 | Police commissioner in Birmingham, AL ... Took out an ad: Mr. Sullivan ... 7 points... 2 inaccurate ... False testimony
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| Actual Malice | Publication with knowledge of falsehood or reckless disregard for the truth
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| Libel per se | (i) relate to the person's business or profession to the person's detriment; (ii) falsely claim that the person committed a crime of moral turpitude; (iii) imputes unchastity on the person; or (iv) claim that the person suffers from a loathsome disease.
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| Libel per quod | Libel that is actionable only when the plaintiff introduces additional facts to show defamation or claims special damages.
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| Public Figure | A person who presents themselves to the public (due to this, they can be ridiculed and judged by others)
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| Public Official | Anyone in a position of official authority that is conferred by a state, i.e. someone who holds a legislative, administrative, or judicial position of any kind, whether appointed or elected.
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| How are actual malice, public figure, and public official related? | Any public figure or official can be susceptible to actual malice if they are actively putting themselves out to people.
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| What three things must occur before speech can be considered libelous? | Identification, defamation- something improper, illegal or immoral, then the story contains material which is potentially defamatory, publication
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| What are the defenses against libel? | The truth!
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| Privacy | Infringing on someone's privacy in a private setting
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| Types of Invasion of privacy and possible defenses? | False light, torte .. misappropriating of image or likeness, violating right of publicity, or even for fraud or trespass over gathering the news.
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| Cox vs. Cohn | 17-year -old girl raped and killed. Father angry because name of his daughter and info. on her was published in article to further investigate the situation.
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| Tinker vs. Des Moines Community School District 1965-69 | Students wore armbands to school to protest the Vietnam war. This defies the school dress code. Students were suspended from school. Went all the way to Supreme Court. They filed suit against the school district, claiming that their rights to freedom
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| Gambino vs. the Fairfax Community School District 1978 | Courts said that publications which are "forums of student opinion," either by practice. New Rochelle school officials argue that the student newspaper was a "beneficial educational device" developed as part of the curriculum
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| Kuhlmeier vs. Hazelwood East 1988 | Students on the staff of the Spectrum newspaper at Hazelwood East, prepared a two-age center spread of stories focusing on problems faced by teenagers. Stories covered pregnancy, divorce, and the plight of runaways. The teacher of the class approved
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| Kansas Student Freedom of Expression Bill | "Students of the public schools shall have the right to exercise freedom of speech and of the press including... the right of expression in official publications, whether or not such publications or other means of expression are supported financially
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| Hicklin Standard: what was the definition of libel that came out of this standard? | impact of isolated passages upon the most susceptible mind
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| Roth vs. The U.S 1957 | obscene does not equal constitutionally protected.. "Ill know it when I see it" Justice Potter Stewart... average person applying contemporary community standards looking at the work as a whole. Does it appeal to the prurient interest?
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| Miller vs. California 1973 | 1. Does the average person applying contemporary community standards find that the work as a whole appeals to the prurient interest? 2. State statute (law) 3. LAPS test .. Literary, artistic, political, or scientific value
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| Fraser vs Bethel School District | At a school assembly of approximately 600 high school students, Matthew Fraser made a speech nominating a fellow student for elective office. In his speech, Fraser used what some observers believed was a graphic sexual metaphor.
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| Is the standard for obscenity consistent across the nation? Why or why not? | It is not constant because each state/city has a different definition of obscenity. Some places may be more strict than other areas in the country.
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| How did each of the three definitions of obscenity build on or change the previous one? | It changed from it must have political, artistic, or scientific value to obscenity is when something is said that is questionable but there is a captive audience that cannot move if they are offended to obscenity changes across the country.
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