Exam 2 Study Guide ADV 3352(Teresa Coulter Ch.4 – 8)Chapter 4: 1. Define libel. A published false statement that is damaging to someone’s reputation2. Explain the difference between libel and slander. Libel: statement damaging a reputationSlander: the action or crime of making a false spoken statement damaging to a person's reputation.3. List the five elements a plaintiff must prove to win alibel suit. - The libel was published- The words were of and concerning the plaintiff (identification)- The material is defamatory- The material is false, and- The defendant was at fault- THERE HAS TO BE HARM!!4. What must a plaintiff show to prove trade libel? - Criticism of a product is called "trade libel" but is not really libel at all, as it focuses on the product itself.- Also criticism of organizations and associations5. Understand and be able to explain the concept of falsity as related to libel suits.Falsehood is a perversion of truth originating in thedeceitfulness of one party, and culminating in the damage of another party.6. Explain SLAPP suits. Plaintiff is more interested in blocking defendant from publishing further harmful comments than from winning damages.7. Who is the target of a typical SLAPP suit? 8. The single mistake rule protects reporters from sloppy reporting, assuming that the reporter is not suggesting a pattern of incompetence. How is this difference from negligence? 9. Define Scienter:- guilty knowledge Chapter 5: 1. Know and be able to differentiate the two kinds of public figures:- Limited purpose public figure: those who havethrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved- All Purpose Public figure: those who occupy positions of such pervasive power and influence that they're deemed public figures at all times. (elected officials)2. What is reckless disregard for the truth? Why is it important? 3. Listen to the first eight minutes of the Bloomberg Law Podcast. Be prepared to answer questions relating to libel law generally and the specifics of this report. 4. New York Times vs. Sullivan : watch and review case specifics. 5. Does a corporation receive the same right to privacy as a living person? 6. In Hutchinson v. Proxmire (1979), the U.S. Supreme Court reversed the lower court ruling that a federally funded researcher who received Sen. Proxmire's "Golden Fleece Award" was a limited-purpose public figure on what basis? Chapter 6: 1. Define summary judgment:- granted to a party in a lawsuit when the pleadings and other materials in the case disclose no material issue of fact between the parties- All facts of the case must be agreed upon for a summary judgment ruling to be made - sometimes associated with SLAPP suits2. What is the statute of limitations for libel law in Florida? In general:- Laws requiring a legal action to begin with a specified period of time- For libel, statutes of limitations vary from state to state- Where the plaintiff is from- the statute of limitations time begins when the material is published or broadcast for the first time3. Explain jurisdiction in relation to internet publication. 4. Define absolute and qualified privilege. Absolute: immunity from libel suits granted to government officials and others based on remarks uttered or written as part of their official dutiesQualified: a media outlet is protected if:- The material comes directly from the report of a privileged proceeding or document- The material is a fair and accurate summary published or broadcast as a report of the proceedings or documents*Note: Official portion of legislative proceedings, judicial proceedings, and executive actions are generally privileged.5. Explain why a person who is libel proof will have difficulty winning a libel suit. 6. Review Ollman v. Evans . Explain why this case is important. Chapter 7: 1. Define a tort. 2. Explain the differences between the three conceptions of privacy.3. List the four areas of privacy law. 4. Explain the importance of legitimate public concern. 5. What is the difference between the right to privacy and the right of publicity? 6. Explain the Booth rule. Chapter 8: 1. Explain the difference between publicity and publication. 2. Is the naming of a rape victim by the media legal? Why or why not? 3. Explain how courts determine what is of legitimate public concern. 4. How does the Society for Professional Journalists view the publication of ethics and privacy? 5. What must a plaintiff prove for false light invasion of privacy? 6. Explain how the intrusion tort differs from the other rightto privacy torts (appropriation, private facts, and false
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