Libel Hypothetical

Libel Hypothetical - Libel Hypothetical 24. What type of...

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Libel Hypothetical 24. What type of libel plaintiff is Smith for purposes of this libel suit? Explain, citing legal definitions and case precedents where appropriate. 10 points Smith is a limited or vortex figure accused of libel per se. A limited vortex figure must meet the following conditions: a. Alleged defamation must involve a public controversy- a real dispute outcome will affect a substantial number of people – Abortion is clearly a public controversy for many years and outcome could affect anti-abortionists and doctors all over the country. b . The plaintiff must voluntarily thrust him/herself into that public controversy – Smith voluntarily became a doctor and practices where abortions take place even though she says she has never done an abortion, received warnings. c. The plaintiff must have tried to affect the outcome of controversy – Believes she never has done an abortion, believes statements are false and defamatory. Case Precedents 1. Gertz v. Welch (1974) – splits public figures into all-purpose and limitied 2. Flake v. Greensboro (1938) – libel per se 25. Based on your answer to the question above, what is the requisite standard of fault in this case? Cite appropriate legal rules and case precedents to support your answer.
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This note was uploaded on 03/23/2009 for the course JOMC 340 taught by Professor Hofedges during the Spring '08 term at UNC.

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Libel Hypothetical - Libel Hypothetical 24. What type of...

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