Law Study Guide exam 2

Law Study Guide exam 2 - JMC 402 Mass Communication Law...

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JMC 402 Mass Communication Law Spring, 2010 Exam II Study Guide Things to know and know about: what it’s called when laws limit press freedom and those in the media chilling effect - an effect brought about by any practice that discourages the exercise of constitutional right. In First Amendment law, a measure that deters freedom of expression may be said to have a chilling effect. the purpose of libel law Definition of libel - Damaging an individual’s reputation by communicating false information. Purpose of libel law- Freedom of speech, press, expression vs. Protecting reputation the elements of the libel plaintiff’s case , and how many of them a plaintiff must prove to win a case A statement of fact (not opinion). .. that is published. .. of and concerning someone (identification )... that injures the reputation of that person (it’s defamatory )... that is false. .. and is the result of fault by the defendant. statute of limitations 1, 2, or 3 years depending on the state Arizona: 1 year the importance of New York Times v. Sullivan and various aspects of the case “breathing space” “Constitutionalizes” libel protection See “realWorld Law,” p. 153 “Sullivan abandoned the traditional approach…[and] focused on the danger that actions for libel might deter expression that lies at the very heart of First Amendment concern.” public official (vs. private figure)
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The U.S Supreme Court made it clear that the failure by the newspaper in that case to check the advertisement against its own records did not rise to the level of reckless disregard. the meaning of actual malice, its elements, and who must prove it in libel cases Actual Malice : knowing the information is false, or… reckless disregard for the truth Public official plaintiffs must prove it in libel cases. how “public figure” is defined- In libel law, a plaintiff who is in the public spotlight, usually voluntarily, and must prove the defendant acted with actual malice in order to win. 1. All-purpose public figure -In libel law, a person who occupies a position of such persuasive power and influence as to be deemed a public figure for all purposes. Public figure libel plaintiffs are required to prove actual malice. 2.
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This note was uploaded on 03/10/2010 for the course JMC 402 taught by Professor Russell during the Spring '08 term at ASU.

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Law Study Guide exam 2 - JMC 402 Mass Communication Law...

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