chapter 4 noteshells part 1

chapter 4 noteshells part 1 - degree.(1899) First Amendment...

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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 copyrightProf. 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 copyrightProf. 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 copyrightProf. Sandra Chance...
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chapter 4 noteshells part 1 - degree.(1899) First Amendment...

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