Exam 4: Libel

The Supreme Court established in Gertz v. Welch, Time v. Firestone, and other cases that a libel plaintiff might be quite well-known in some circles but remain a private person as a libel plaintiff.

To win a libel suit against the media, a plaintiff must prove all of the following EXCEPT:

New York Times v. Sullivan decision is important, in part, because it established constitutional protection for some content in paid advertisements.

In 2019, the U.S. Court of Appeals for the Ninth Circuit permitted an anti-libel injunction requiring a speaker to:

A Georgia jury awarded rapper Cardi B $4 million in actual damages, punitive damages and attorney fees in 2022 in her lawsuit against a celebrity blogger who had made false allegations that Cardi B was a cocaine user, had been a prostitute, and had herpes.

Michael Malice's online post [previous two questions] appears on a feisty web site run by MW, an Internet service provider that welcomes controversial viewpoints. Michael Malice does not work for RAW. If Goodie were to sue RAW for libel, RAW could probably successfully claim immunity from liability under section 230 of the Communications Decency Act.

In a letter to the editor, a citizen calls a developer a "blackmailer" because the developer has demanded that the city council rezone a property before the developer will give the city park land. The Supreme Court has ruled in a similar case the term "blackmailer" in the rezoning controversy is:

Gene Green, a widely published professor of accounting, is suing the Daily Caper, the campus newspaper, for libel. The paper reported on its web site that Green was being investigated by a campus committee for drunken behavior and harassing secretaries. The Caper's web site quoted an anonymous source saying rumors had circulated "for years" about Green's "undisciplined and offensive behavior." An unnamed member of the accounting department tells the Caper that Green is "one buttoned down horny dude." Green is a respected scholar who served eight years ago for a brief time in Washington as assistant deputy director of a government agency. University regulations provide that complaints and grievances will be heard in closed session by the University Disciplinary Tribunal. But usually reliable anonymous sources tell the Caper the chair of the accounting department-to save time-appointed a temporary committee of five faculty to investigate the rumors. However, the department committee dropped the inquiry after two meetings when the members could not get students, secretaries, or other faculty to testify. No one filed charges or formal complaints against Professor Green. No one will talk to the newspaper on the record. Just before publication, the dean of the business school called the Caper to warn that the damaging rumors about Green were being circulated by an administrator who was jealous of Green and hoped he would be driven from campus. Thirty percent fewer females signed up for Green's classes after the web stories were published. Green files suit claiming that the Caper defamed him by publishing false accusations about drunken and harassing behavior. Green says the paper published with negligence. Caper's attorney argues the Caper did not defame Green by publishing the "opinion" of many students and staff on campus that Green sometimes appears drunk and harasses women. The Caper also argues the paper has a qualified privilege to publish fair and accurate reports of the department investigation, just as it would have a privilege to make accurate reports of a legislative committee investigation or a court proceeding. Furthermore, the paper argues, Green cannot successfully sue because he is a public figure who cannot prove actual malice, as he must. Explain (1) whether Green has a good chance of establishing that he was defamed. Then discuss the Caper's defenses, including (2) the paper's claim t at it published protected opinion, (3) that the paper has a qualified privilege to report the investigation, (4) that Green is a public figure and (5) that the paper did not publish with negligence or actual malice. Provide definitions and case examples as appropriate.

Assume that Thomas Goodie [previous question] has been identified and that he brings a libel suit against Michael Malice. He could not win a libel case because the statement that most of the brothers "have spent time in jail for drug use and violence" is protected opinion.

Radio Righteous reports that Retro Bookstore sells "obscene videos." When Retro sues the station for defamation, Radio Righteous should win because:

Briefly describe best practices for handling libel complaints at a newspaper or broadcast station.

Why is it NOT protected opinion for the campus television station to report in a newscast: "Some students think Professor Jones may be an alcoholic"?

When a British man helped rescue children trapped in an underwater cave in Thailand, the entrepreneur and businessman Elon Musk called the man a "pedo guy" on Twitter and a "child rapist" in emails. A jury found that Musk's statements constituted:

Why did the Supreme Court compare large civil damages to criminal libel statutes in New York Times v. Sullivan?

Although the Supreme Court never ruled on the constitutionality of the Alien and Sedition Acts of 1798, the Supreme Court said in New York Times v. Sullivan that seditious libel laws violate the central purpose of the First Amendment.

Which of the following are good media practices when a caller threatens to sue for libel?

Why do media defense attorneys in defamation cases so often (and frequently successfully) ask a judge to issue an order of summary judgment?

The Supreme Court ruled in Milkovich v. Lorain Journal Company that the term liar was not defamatory because it could not be proven to be a false fact.

The media's "qualified" privilege to report false, defamatory statements at official proceedings requires that media reports be accurate.

SLAPPs (Strategic Lawsuits Against Public Participation) may discourage citizen activism because defending libel suits is time consuming and expensive.