chapter 4 noteshells part 1

chapter 4 noteshells part 1 - degree.”(1899 • First...

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Libel Conflict between “right to reputation” and the First Amendment right to free expression and the media’s right to publish newsworthy stories. What is libel? •Expression which injures a Expression which injures a person’s reputation or standing in the community. • Can be libel (written) or Can be libel (written) or slander (spoken). Civil or Criminal ? • Libel cases started out as criminal but today criminal, but today most libel cases are CIVIL. MMC 4200- Spring 2010 Chapter 4 Prof. Sandra Chance copyright©Prof. Sandra Chance
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Source of Defamation Law • Common Law (case law) Common Law (case law) Statute • Statutes Statutes • Constitution Constitution Defamation Law 50 states have laws defining defamation and legal cause of actions Florida Statute 836.04- Defamation “Whoever speaks of and concerning any Whoever speaks of and concerning any woman, married or unmarried, falsely and maliciously imputing to her a wont of chastity, shall be guilty of a misdemeanor of the first
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Unformatted text preview: degree.”(1899) • First Amendment protections U.S. Constitution MMC 4200- Spring 2010 Chapter 4 Prof. Sandra Chance copyright©Prof. Sandra Chance N.Y. Times v. Sullivan Advertisement Heed Their Rising Voices Burden of Proof BEFORE N.Y. Times v. Sullivan • Strict Liability • Plaintiffs could win suits by proving –Defamatory statement –Identification –Publication • Defendants had to prove truth or some other “privilege.” MMC 4200- Spring 2010 Chapter 4 Prof. Sandra Chance copyright©Prof. Sandra Chance First Amendment and Libel N.Y. Times v. Sullivan Libel Plaintiff • Living individuals • Businesses – WWE “Smackdown” • Government –NOT! • Libel Proof Plaintiffs MMC 4200- Spring 2010 Chapter 4 Prof. Sandra Chance copyright©Prof. Sandra Chance...
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chapter 4 noteshells part 1 - degree.”(1899 • First...

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