Chapters 4 & 5: Libel

Question 1

What is defamation?

Answer 1

• A civil tort/suit in which it is alleged that someone published a libelous statement.

Question 2

What is libel?

Answer 2

• The publication or broadcast of any false statement of fact that injures someone’s reputation.

Question 3

What does SLAPP legislation address?

Answer 3

• It addresses libel lawsuits that are filed to prevent any further criticism. It seeks to silence critics rather than redress a wrong.

Question 4

What is the difference between libel and slander?

Answer 4

Libel is written material where as slander applies to statements made orally.

Question 5

What are the five things a plaintiff must prove in order to win a libel suit? Define each thing.

Answer 5

1) Publication - One person, other than the source of the libel or the person suing, has to have seen or heard the material.
2) Identification - The injured party must show that the statement was of or concerning him/her/it.
3) Defamation - The statement made must be either libel per se or libel per quod. More specifically, it must lower their reputation in the community. (And be a statement of fact)
4) Falsity - The plaintiff must prove that the statement made by the defendant was false. (In most cases, except for those about a private person on a matter that is not of public concern.)
5) Proof of Fault - The plaintiff must prove actual malice. Simply put, that the publisher had knowledge of falsity or proof that the publisher acted with reckless disregard for the truth. (This applies to public officials/public figures.)

Question 6

What are the limits to the republication?

Answer 6

1) The Publisher Must Control the content in order to be held liable for republication.
2) A plaintiff can only sue once for libel. Thus, only one publication can be held responsible.
3) Operators of online blogs are not considered publishers for the purpose of third party statements.

Question 7

What is the Dendrite Test?

Answer 7

• It deals with the ability to unmask anonymous posters in libel cases. There are two standards.
  1) The plaintiff must make reasonable efforts to notify the anonymous poster that he or she is the subject of a subpoena or motion for disclosure.
  2) The plaintiff must provide sufficient evidence to support and sustain every element of their case against a motion for summary judgement.

Question 8

Define libel per se and libel per quod.

Answer 8

Libel per se - Words that are on their face defamatory. Think words like thief, liar, cheat, etc.
Libel per quod - Words that are defamatory based on their context. (Think implying things based on the surrounding facts.)

Question 9

What are the two groups of people dealt with in a libel suit? Define the bounds of each group.

Answer 9

1) Public people - Government officials, leaders of public crusades, prominent entertainers, visible religious or business leaders.
2) Private people - People who are not any of the above.

Question 10

What speech is a matter of public concern?

Answer 10

• Speech that relates to any political, social, or other concern to the community, when it is the subject of legitimate new interest or general interest or when the speech has value to the public.

Question 11

How do the matter of public concern and public person designation affect the burden of proof?

Answer 11

1) Courts are lenient about awarding verdicts in favor of plaintiffs when dealing with matters of public concern.
2) A private person designation shifts the burden of proof to the defendant to prove the statements were true and the proof must be clear and definitive.

Question 12

What did the Court decide in New York Times v. Sullivan (1964)?

Answer 12

• That the standard for proving fault in a libel case was the actual malice standard.
• The actual malice standard requires the plaintiff to prove that the defendant acted with either a reckless disregard for the truth or knew the information was false.

Question 13

What must a private person and a public figure prove to prove fault in a libel case?

Answer 13

Private person - Must prove that the material was published through negligence. (The publication failed to exercise reasonable care.)
Public Figure - The actual malice standard.

Question 14

Who is a public official in libel law?

Answer 14

All Purpose Public Figures - A person who occupies a position of pervasive power and influence in all areas.
Voluntary Limited Purpose Public Figures - A person who thrusts themselves to the forefront of an already existent public controversy in order to influence the resolution of the issues involved.
Involuntary Limited Purpose Public Figures - People drawn into already existent public controversies through unforeseen circumstances.
Public Official - Any elected officer with substantial responsibility for public affairs. Even non-elected officials with budgets qualify under this category. The story must be about the way the person does the job or his or her fitness for office.

Question 15

What is the question the court will always ask when determining negligence?

Answer 15

Did the reporter make a good faith effort to determine the truth or falsity of the matter? (This involves following general principles of journalistic practice, etc.)

Question 16

What did the Court decide in Gertz v. Welch (1974)?

Answer 16

• The Court created the Limited-Purpose Public Figure designation.

Question 17

What are the three ways a plaintiff can prove reckless disregard for the truth under the actual malice standard?

Answer 17

1) Show the defendant had a high degree of awareness of the probable falsity of the defamatory material when it was published.
2) Provide sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of the publication.
3) Evidence the defendant purposefully avoided the truth.