Exam 4: Libel

Assume that RAW removes the posted slur against the APT fraternity [previous three questions] after it has appeared on the web site for ten days. RAW would then become the "publisher" of the slur and would therefore be responsible for defamation in a lawsuit.

A broadcast station WZZZ is fulfilling its obligations under Section 315 of the Communications Act when a candidate for public office falsely calls Kirk Kounter, treasurer of Liberty Bank, an embezzler. Kounter sues the candidate and the station for libel. WZZZ's strongest defense would be

The media's "qualified" privilege to report false, defamatory statements at official proceedings:

Quotation marks indicate a speaker said exactly the words quoted. Therefore, any error in quotation marks is defamatory.

All of the following are true about state anti-SLAPP statutes EXCEPT:

Ace Reporter reports accurately from the police blotter that Barry Crackup was intoxicated when the car he was driving killed Denise Dead. The police blotter was wrong; Crackup was not driving the "death car." Crackup sues Ace Reporter and his newspaper. Which of the following is Ace's best defense?

Cussing a police officer as an "asshole" is likely to land a citizen in jail for criminal libel.

Defamation suits must be filed before expiration of the statute of limitations.

Mrs. Firestone was a vortex or limited public figure because she participated in a well-publicized divorce.

New York Times v. Sullivan is important because:

All 50 states and the federal government have some kind of Anti-SLAPP law, which make it easier for libel defendants to dismiss meritless lawsuits intended to silence their speech.

All of the following might sue for defamation EXCEPT:

The Supreme Court has ruled that a private person might become a public figure if he or she:

Defamation can occur only through the plain meaning of words, not by implication or innuendo.

The term "actual malice," as used by the U.S. Supreme Court in New York Times v. Sullivan, refers to intent to cause harm and is also described as common law malice.

Describe the combination of sloppy and unprofessional reporting practices that might add up to actual malice.

Describe some of the modern challenges to the New York Times v. Sullivan standard.

Once libel plaintiffs establish that they have been defamed by the media, they are entitled to compensatory damages.

State University, a public school, could sue for defamation over the published statement "All State University professors are crack heads."

New York Times v. Sullivan is important, in part, because it required public officials in all 50 states to prove actual malice when suing the media for defamation relating to their official conduct.