JOURN 4000 1st Edition Lecture 17Outline of Last LectureI. Content based restrictionOutline of Current LectureI. LibelCurrent Lecture-Public figures have less privacy rights-Libel=defamation Criminal libel vs. civil libelCriminal 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 group1952, 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 caseThese 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 damagesTort 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. Expose a person to hatred/ridicule/contempt2. Lower a person in the esteem of fellows3. Cause person to be shunned4. 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 pressLearned 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 assumedLibel per quad extrinsic facts are necessary, outside piece of knowledge is required Changed in US law1. Presumed damages2. Strict liability3. 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
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