MML Test 2 Notes Key 1 Terms 2 Laws and Acts 3 Cases CHAPTER 6 LIBEL DEFENSE AND DAMAGES Most libel defenses grew out of common law but today many defenses are contained in state statute as well Most plaintiffs today lose because they can t meet the required burden of proof A libel defense can stop a plaintiff s case save time money citing an appropriate defense a defendant can ask a judge to dismiss the case even before hearing Such a dismissal is called a summary judgment SUMMARY JUDGEMENT STATUTE OF LIMITATIONS A summary judgment is undoubtedly one of the best friends the mass media libel defendant has about requests are granted What happens in a summary judgment procedure o After plaintiffs have made initial allegations to court but before the trial begins the defendants can argue that the lawsuit should be dismissed either because the plaintiff has failed to establish was is necessary to sustain the libel suit publication identification defamation falsity and fault or because it is a legal defense that blocks a successful lawsuit o As it considers this motion for defense the court is obligated to look at the plaintiff s allegation in the most favorable way o If there is any dispute regarding facts which would be settled in subsequent trial it must be for now resolved in favor of the plaintiff o If having considered these factors the court determines that a reasonable juror could not find for the plaintiff then the motion for summary judgment will be granted The plaintiff can also ask for a summary judgment arguing there is no possible way a juror could find for the defendant The loser in a summary judgment can still appeal the judgment The Supreme Court has given both trial and appellate courts wide latitude in granting summary judgments in libel cases especially in suits brought by public persons In 1986 the justices said that federal courts must grant a summary judgment in favor of the media defendants in cases involving actual malice unless the plaintiffs can demonstrate that they will be able to offer the jury clear and convincing evidence of actual malice Probably more than in any other type of case summary judgments in libel actions should be readily available and granted where appropriate STATUTE OF LIMITATIONS The duration of the statute of limitation for libel action differs from state to For nearly all crimes and most civil actions there is a statute of limitations E g in most states you can t sue for armed robbery after 7 years state varying from one to three years most 1 or 2 Libel suit must be started 1 or 2 years post publication publication being specified as o Newspapers the date that appears on the newspaper o Radio and TV the date on which material is broadcast telecast o Magazines the date on which the magazine is distributed to a substantial portion of the public regardless of date on cover o Internet The date the publication is posted on the internet If the material is altered or revised before republication the statute of limitation is restarted Single publication rule adopted by most states says that the entire edition of a newspaper or magazine or web positing is a single publication and isolated republication of the material months or years later does not constitute republication However the rebroadcast of defamatory material on radio or TV is generally considered a new publication since it is intended to reach a new audience and therefore generates a new opportunity for injury JURISDICTION If a plaintiff has exceeded the statute of limitations in one state and not another he can file it in the other state as long as the publication reached that state too Clarified this precedent in Keeton v Hustler and Calder v Jones JURISDICTION AND THE INTERNET Questions of where you can sue for Internet content haven t been completely resolved the Supreme Court has passed on reviewing at least three cases that involve this jurisdiction question The lower courts seem to be following one of two strategies one that broadly applies to the so called effects test from the Calder case or one that applies to the Calder test much more narrowly Examples o 4th C C of Appeals 2002 ruled VA courts could not exercise jurisdiction in a libel case based on an article posted on the Web by a CT newspaper bc there was no evidence article was related to VA residents o 5th C C of Appeals 2002 ruled that a MA resident and operator of a NY website could not be sued in TX by a TX resident because the article contained no references to TX the plaintiff s activities in TX and was not directed at TX readers The key is the geographic focus of the article not the location of the harm inflicted o FL Supreme Court 2010 WA resident who made defamatory comments about a NV corp whose principal place of business was FL could be sued in FL o Defamatory content placed online about an AZ corp plaintiff sought to sue in AZ court But a US District Court ruled in 2010 that the material was not sufficiently focused on the state to generate specific jurisdiction even if it was posted with knowledge of plaintiff s location o OH Supreme Court 2010 VA resident who posted defamatory comments on web sites may be sued in an OH court even if his comments were not aimed at an audience there Clearly there is a lack of agreement TRUTH Truth privileged communication fair comment consent and right of reply all work to protect the libel defendant The applicability of each of these defenses in a particular case is determined by the facts in the case o What the story is about o How the info was gained o Manner in which it was published Truth is still a defense in libel action but it has lost much of its importance in light of recent rulings that require most libel plaintiffs to carry the burden of proving a defamatory allegation to be false when the story focuses on a matter of public concern PRIVELAGED COMMUNICATIONS Article 1 section 6 of the federal constitution provides that members of Congress are immune from suits based on their remarks on the floor of either house This protection is called a privilege The statement in question is referred to as a privileged communication ABSOLUTE PRIVELAGE Absolute privilege is sometimes called privilege of the participant Anyone in the legislative forum congress senators state reps city council enjoys the privilege 2005 appellate courts in CO and IL ruled that privilege applied to meetings of a county hospital board and city council zoning committee The comments must be made
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