JMC 4813 - EXAM 4 Question and answers rated A+
What libel law specifically protects - correct answer a person's reputation
Who can sue for libel. - correct answer Any living individual, business, non-profit corporation or unincorporated association
What is involved in each of the six ...
JMC 4813 - EXAM 4 Question and
answers rated A+
What libel law specifically protects - correct answer ✔a person's reputation
Who can sue for libel. - correct answer ✔Any living individual, business, non-
profit corporation or unincorporated association
What is involved in each of the six elements of libel -- also called the plaintiff's
burden of proof. - correct answer ✔Defamation - must establish that
defamation occurred, exposure, involves assertions of criminality,
incompetence, or immorality
Examples include falsely accusing: someone of committing a crime, has bad
character
Identification - must refer to the plaintiff - is "of and concerning" plaintiff (at
least 1 person/reader could identify the plaintiff as the object of defamation,
typically an individual or a member of a small group (25 or less but not
always), language can be crucial, using "most of" may make it easier
Publication - was communicated to a third party, must apply to original or
republished
The defamer
The defamed
Any third party
If you email someone talking about another person = 3 people (you, the
person you named/mentioned and the person you're sending the email to -
electronic communication include email and social)
,Fault - must establish a degree of blame or responsibility was involved in
producing the defamation
Falsity - must prove defamation is FALSE
Personal harm - libel plaintiff must provide they have been harmed in order to
be compensated - know there are different types of damages)
The OU football player involved in an important group-libel case. - correct
answer ✔Fawcett Publications vs. Morris (1962)
OU fullback, Dennit Morris, won the libel suit by arguing entire mid-1950s
team was well-known in the state, the magazine settled
The most famous libel suit in the history of libel suits, and what it started with.
- correct answer ✔NY Times v Sullivan
The key elements of the extremely important libel fault standard - including
related details concerning public officials and public figures - established in
the New York Times v. Sullivan case. - correct answer ✔Established Actual
Malice, public officials must prove their case
- reckless disregard for truth
- knowing it is false
When a message called an opinion is protected from libel suits and when it
isn't - correct answer ✔Opinion that cannot be proven false is a form of
constitutionally protected expression.
Probably false statements are not protected simply by labeling them as
opinion.
, What is involved in each of the five basic defenses for libel. - correct answer
✔Truth - usually offers a complete defense, truth may be unclear or
unprovable = needs evidence
Motions for summary judgement - commonly used defense offers a means to
end a trial before it ever begins
Statutes of limitation - must be filed before a specified period of time has
passed.
Opinion - opinion that cannot be proven false is a form of constitutionally
protected expression.
Privilege - extends immunity for defamation, reporters
Differences in U.S. and United Kingdom on libel law. - correct answer
✔Immunity for publishers isn't the only thing that distinguishes American
defamation law from British defamation law.
In the United Kingdom, the burden of proof is on the defendant to prove that
his or her statement about the plaintiff was true, whereas in the United States,
the burden of proof is on the plaintiff to prove that the defendant's statement
was false, damaging, and negligent or reckless.
The SPEECH Act of 2010 makes foreign libel judgment unenforceable in the
United States unless those judgments also comply with American regulations
of protected speech.
Whether medium of communication is relevant in U.S. libel/defamation law. -
correct answer ✔Yes. Medium of communication is irrelevant in American
defamation laws; even an email sent to a single person can be libelous.
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