Turner v Dolcefino Discussion

Begun class by picking apart a case dealing with businesses as persons / public figures.

Can businesses sue for libel? Yes they can.
Can a business libel me? sure, absolutely
because their considered public figures under the law


Businesses as Public Figures- businesses can be considered "public figures" for the purposes of a libel action. 

-did business use a highly unusual advertising or promotional campaign to draw attention to itself. 
-is business regulated by the government 
-was the libelous comment about a matter of public concern 


"Things that can be true" but still hurt your reputation
Intentional Infliction of Emotional Distress

Ex. Jerry
it had a lower burden of proof...had to prove negligence
Supreme Court overturned the decision - they determined that IIED needed to prove actual malice.
The case put three new wrappers on actual malice

Turner .v "Dolcefino"

look for the law suit -

evidence / facts:

Mayor brought case

1991

attempted Insurance swindle

$6.5 million

Time suspicious activities
Buying cars with big insurance policies


what fault does he have to prove?
Falsity <> actual malice

Publication -
Identification - 
Defamatory - 
Falsity - 
Fault - (libel by implication)

how can the media defend themselves against the charges
 must show actual malice because Turner was a public official and public figure,

we presented what we saw as the truth, prove us wrong. "we never called him a criminal" -- libel per se