JOURN 4000 1st Edition Lecture 19Outline of Last LectureI. LibelOutline of Current LectureI. LibelCurrent LectureDDT- hurt bird populations-Started first big case on neutral reporting privileges -NY, Second Circuit Court of Appeals-National Audubon Society claimed that scientists being paid to lie about effects of DDT-NY Times reported story-Neutral reporting is OK-Journalists believes reasonably that the report conveys charges made -Have to stay neutral -Privilege to report based on a police report-Common interest privilege Schaeffer vs. Lamar Publishing Co. in Lamar, MO-Town meeting, police offer got 16 year old daughter pregnant-Newspaper reported without investigation-Open to public, the report is privileged an open to the public -Newspaper was not obliged to investigate 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.Williams vs. Pulitzer Broadcasting Co, St. Louis-Chris Condon, covering special committee investigating health in hospitals -Committee informed Condon that they would subpoena a man named Robert Williams got the wrong person the first two times -Got the wrong Robert Williams-Condon/Pulitzer Broadcasting lost Opinion protection:-Fair comment-Rhetorical hyperbole language being used in an over the top manner-Labor dispute, people not honoring picket lines, used the word traitor, SC said it was not defamatory 1901- Cherry vs. Des Moines Leader-Music review, The Cherry Sisters-Fair comment-Undisclosed defamatory facts-Implication that you know more information -Cannot do this many jurisdictions require you to give enough facts so people can reach their own conclusionsEvans vs. Ollman -Ollman was a political activist, called a Communist by the columnistOllman test- draws the line between opinion and fact-Common meaning of the word, precise meaning that can be proved true/false facts, loosely definable opinion-Placement front page, facts, editorial, opinion-Social context1. Definiteness of the language2. Verifiability 3. Linguistic context4. Social contextMilkovich case, Ohio-Can’t label a fact as an opinion and get opinion protection -Wrestling match, Milkovich doesn’t stop fight but eggs them on -Reporter said he was lying while testifyingBook reviews have special protection Moldea vs. NY Times-“Interference” about organized crime and professional football-NY Times said it was bad and filled with sloppy reporting-Moldea sued, at first court agreed with Moldea, changed its ming-Supportable interpretation if anyone else can agree with your opinion, you’ve passed it The Globe case-Assassination of Robert Kennedy-Globe does book review on the murder of Kennedy said mafia and Iran killed Kennedy -Front page “Iranian Secret Police Killed Bobby Kennedy” espousal -Blamed person (who was a journalist from Pakistan) was targeted by public -Globe lost -Committed an error retraction, do not try to defend yourself-Make sure retraction is given prominence of original story-Mitigating circumstances -Won’t totally erase the libel-Will assure that there will be no punitive
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