Started Ch 5 - Libel

Defamation - hurts someone's reputation that involves public ridicule
(state law, not in the constitution)
another umbrella term that covers both libel and slander

Example: "Pink Slime" defamation lawsuit against ABC
Where is this going? eventually she thinks the Supreme Court so something can be decided to effect all states.

Libel -
published - print, broadcast, internet
specific statement
have to be identified
###
level of fault


Slander -
oral/spoken defamation - usually amplified speech needed to justify "damage to reputation."
"transitory" - it doesn't last
prove it would hurt your reputation
(see more below "5 Elements of Libel)


LIBEL:
"A PUBLISHED statement, which is FALSE, that holds a SPECIFIC PERSON up to public contempt, hatred, scorn, ridicule and INJURES a person's personal, business, or professional standing in the community through FAULT."

Libel per se - libel on the face of it.
just by accusing them of a (false) criminal activity

Libel per quod - libel due to interpretation or circumstances
this is more assumed - Nun Mary had a baby when she was eighteen
libel due to circumstances

(in discussing example of a lie about the professor and sexual involvement with female students stated on Koofers)
"First of all, it was scare students off...I would hope."

Elements of Libel:
1. Publication
plaintiff must prove that someone other than self saw comment.

2. Identification -
Prove 3rd person recognized Plaintiff from comment.
(could be a very identifiable ring on a set of hands that were choking the life out of someone)
Groups can be libeled...women faculty at state schools in TN are prostitutes by trickin' on the weekend. If our professor walks down the street, no one is going to know she's a part of that group. That's too general. You'd need to be more specific such as women who teach in Mass Comm Production.

3. Defamatory -
would a reasonable person think less of the plaintiff
"did it hurt me"
The dead can't be libeled.

4. Falsity -
Plaintiff must prove comment is false.
public figures - always prove falsity
private figures - prove falsity if a matter of public concern
if private figure/private matter - defendant must prove truth.
The PLAINTIFF has the responsibility to prove it's false. "Burden of Proof"
The core of the libel must be proven truth or false. (its an opinion)

5. Fault -
Defamation came from media error
"That they did it on purpose"
Media MUST show their: Actual Malice or Negligence
Actual Malice - "intended, sneaky"
Negligence - "not checking your facts"

Who is the plaintiff? - the one allegedly injured (public or private person)

How was the story/material processed?
Steps taken to assure truth

(New York Times v. Sullivan: distinguished between actual malice & negligence. Article that supported MLK, Sullivan was identified..a few facts were wrong and got 1/2 million dollars..even though 35 copies were distributed.. then the Supreme Court reversed it. the only way to protect robust debate was to allow criticism of gov't officials (like Sullivan). So now public officials to prove actual malice.