Exam II Notes Chapters 4 5 6 7 8 I Chapter 4 Libel Establishing a Case A Introduction B The Libel Landscape 1 Since the mid 1960s the U S Supreme Court has federalized basic elements of defamation of law obligating the states to keep their rules and regulations within boundaries defined by the First Amendment 1 Defamation also known as libel is what lawyers call a tort or a civil wrong it is the most common legal problem faced by people who work in mass media a Allegations of libel are the basis of about 2 3 of all legal complaints filed against mass media defendants in any given year 2 Libel in publication or broadcast any statement that a Injuries someone s reputation or b Lowers that person s esteem in the community 3 The majority of allegations of libel aimed at material found on the Internet usually do not turn into full blown lawsuits and are settled between by a settlement between two private parties 4 Media in what we call the public or mainstream press such as newspapers magazines broadcast stations and even many online sites enjoy some First Amendment protection that may not accrue to those who publish defamation in a company news letter or press release or even a personal blog 5 Additional problems brought on by libel suits a The protracted nature of many libel cases plus the high cost of defending against such suits can result in a heavy financial burden for the defendant b Plaintiffs often make outrageous damage claims and at times even win enormous damage awards c Libel law is especially complicated and often confusing to the point that sometimes jurors and even judges don t understand the law and make erroneous decisions d Sometimes plaintiffs file frivolous libel lawsuits to try to silence their critics in the press and the public 6 The chances of defamatory material being published or broadcasted is extremely high because a The high volume of words and pictures transmitted in the media b The editing process in mainstream press has been diluted due to budget cuts c The time traditional media have to make decisions regarding liability inherent in publishing a story has been compressed d Many bloggers have neither the ability nor inclination to consider potential libel in the material they publish 7 Libel law is extremely confusing because although it is based on traditional common law it is infused with statutory and constitutional elements 8 Lawyers who represent the press usually follow the same strategy to trial a First they try to have the case dismissed before it goes b Failing that they offer to settle the case which usually saves them money 9 Reasons why the press typically loses in a libel lawsuit a Some libel plaintiffs have actually been wrongs and b Law is complex and errors are sometimes made by deserve to win jurors and judges c Important libel defenses are anchored in the First Amendment an abstract concept to many A juror can often see damage to a person s reputation much more clearly than the theoretical value inherent in freedom of the press d A great many people in the nation today do not hold the mass media in high regard A libel trial can provide an opportunity for a juror to express his frustrations with the press by awarding damages to a libel plaintiff 10 In a typical libel suit the injured party or the plaintiff initiates the lawsuit to a Repair any damage to reputation b Collect money damages to compensate for the harm to reputation 11 SLAPP suits Strategic Lawsuits Against Public Participation in the last quarter century a different kind of libel action has emerged In these cases the plaintiff is far most interested in blocking the defendant from publishing further harmful comments than winning damages a Most plaintiffs don t expect to win these cases by forcing their critics to mount a costly defense they hope to silence these critics b Example Community activist Sarah Newman sends a letter to the editor in which she says she opposed the city s proposal to rezone a large land parcel to permit construction of a 350 unit apartment complex She writes that Stang Development Company has in the past failed in its other development to live up to promises that it will include a substantial number of low income units in the building Stang sues for libel 12 Citizen Participation Acts Anti SLAPP statutes permit the defendant in these cases to ask a judge to dismiss the complaint immediately while the statutes vary all require the judge to undertake a two step examination of the complaint a First the defendant must convince the court the challenged activity arose from a constitutionally protected activity one that focused on a matter of public interest b If the court agrees with the defendant the plaintiff must convince the court that he has brought forth a legally sufficient claim by giving evidence that they would win the trial if there were to be one 13 The majority of plaintiffs admit that if the news medium had published or broadcasted a correction or retraction that wouldn t have filed a libel lawsuit a Laws have been adopted that reward the press for publishing a correction or retraction b These laws also make it harder for those who claim to have been defamed to win damages in a lawsuit if they fail to ask for a correction or retraction 1 Initially defamation law was an attempt by government to establish a forum for persons involved in a dispute brought about by an insult or by what we today call a defamatory remark 2 The law of defamation includes both libel written defamation and slander oral defamation the two today are typically treated in the same manner a A more meaningful distinction today is between published communication which includes printed matter radio television film the Internet and so one and purely spoken interpersonal conversation b All published communication is treated today as libel C Law of Defamation D Elements of Libel 1 Definitions and Elements of defamation a Defamation is a communication that damages the reputation of a person but not necessarily the individual s character 1 Reputation is what the law protects pleading a loss of self esteem is not sufficient to win damages in a libel suit b To be actionable defamation the words must actually damage a reputation There must be proof offered that the individual s reputation was harmed 1 Plaintiff must bring proof that the allegedly libelous communication lowered his reputation among the people in the community 2 Some people are deemed libel proof in which the
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