JOURN 4000 1st Edition Lecture 17 Outline of Last Lecture I Content based restriction Outline of Current Lecture I Libel Current Lecture Public figures have less privacy rights Libel defamation Criminal libel vs civil libel Criminal libel prosecutor takes you to court fines levied go to public treasury jail time is a possibility Very rare Actual malice must be the standard Negligence alone is not enough Only 1 criminal libel case since 1974 according to NY Times Group criminal libel libel towards an entire group 1952 Illinois SC upheld group libel Can t portray lack of virtue of a group of citizens White Circle League attacking African Americans Convicted SC upheld it 2002 Illinois another group libel case These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Civil libel common one individual corporation brings you into court jail is not possible but money is Punitive damages Tort law breech of duty that the law has imposed upon you Most common area negligence Duty as a journalist not to libel people Truth is an absolute defense can be damaging if it s true Defamation untruth to a third person 1 2 3 4 Expose a person to hatred ridicule contempt Lower a person in the esteem of fellows Cause person to be shunned Injures a person person s business Also depends on the times ex Being called a communist in the 50s was really bad Tom Selick sued for being called gay by press Learned Hand ad for Camel cigarettes Model sued photo looked like part were exposed Is it an actionable case of libel Hand said yes actionable can bring to court England libel was written slander was spoken Libel was considered libel per se didn t have to prove damages they were assumed Libel per quad extrinsic facts are necessary outside piece of knowledge is required Changed in US law 1 Presumed damages 2 Strict liability 3 Burden of proof plaintiff now has burden of proof Civil libel cannot have large group 25 or less libel would have to apply to everyone The deceased Depends on jurisdiction but survivors can always sue
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