LAW 393 Lecture Notes - Lecture 3: Shyster, Actual Malice, False Light
Percent of the whole
When you are describing how much one value among a collection of values contributes to the entire
collection, a percentage of whole is a good place to start. To calculate a percentage of whole, add all the
values in the collection. Take the particular value you are interested in and divide it by the sum of all the
values. Then, multiply by 100 to find the percentage.
Prior Restraint
judicial suppression of material that would be published or broadcast, on the grounds that it is libelous
or harmful. In US law, the First Amendment severely limits the ability of the government to do this. In
these cases, at least one of the following criteria must exist:
A direct link between publishing and a specified harm
the certainty that harm will come immediately after publication
The certainty that the nature of the harm will be irreparable
Libel
A false or defamatory attack in written form on a person's reputation or character.
(anyone alive can sue. Relatives cannot sue for dead people.)
Public Figure
someone who has gained prominence in society or great power and influence.
Limited Public Figure
someone who has voluntarily thrust himself into public controversy to influence the outcome.
Fair Comment and Criticism
Opinion writers may publish opinions, as long as the facts are accurate.
Privilege
Absolute privilege: Public officials, including law enforcement, can make any statements in the course of
their official duties without being sued for libel.
Qualified Privilege: You may print defamatory statements made by people who are absolutely
privileged, as long as you are fair and accurate and the information is from a public proceeding or public
record (Ex. court room, police records, city council meeting, documents from the court, etc.)
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Each US citizen has
The right to a reputation
The right to be left alone
The right to a fair trial for a criminal defendant
The right not to receive unsolicited obscene material
The right to profit from one's intellectual or artistic creations
The right not to be cheated by false or deceptive advertising
Legal titles
Defendent: the person or organization being sued.
Plaintiff: the party doing the suing.
A plaintiff must prove...
A defamatory statement was made.
The defamatory statement is a matter of fact, not opinion.
The defamatory statement is false.
The defamatory statement is about ("of and concerning") the plaintiff.
The defamatory statement was published with the requisite degree of "fault."
Private Figures
Private people don't have the same access to the media as public officials, so they shouldn't be held to
the same strict standard in proving libel.
Gertz v. Welch
A private individual needs to show only that the material was published with carelessness instead of
proving actual malice.
All libel plaintiffs, public and private, have to prove the material is false and damaging to their
reputations.
Importance of Accuracy
Every mistake jeopardizes a publication's credibility.
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Corrections
Use them, but no promise they'll save you from libel.
If printing any accusations that could be defamatory, you should always check with the person being
accused and ask for a response.
Watch out for "red flag terms" on page 128 of your textbook.
(adulteration of products, adultery, altered records, atheist, attempted suicide, bad moral character,
bankrupt, bigamist, blackmail,bribery, brothel, buys votes, cheats, collusion, corruption, coward,
criminal, crook, deadbeat, double crosser, drug addict, ex convict, fool, fraud, graft, has AIDS, hypocrite,
illegal gambling, illegitimate, illicit relations, incompetent, infidelity, Jekyll-Hyde personality, kept
woman, KU KLUX KLAN, liar, mental disease, Nazi, peeping Tom, perjurer, scoundrel, shyster, sneak, sold
influence, sold out, spy, stuffed the ballot box, suicide, swindle, unethical, unprofessional, villain.)
Privacy
The right to be left alone and the right to be free from unwarranted publicity. Privacy laws give legal
redress for mental anguish and suffering caused by an invasion of personal privacy.
Four legal wrongs under Invasion of Privacy
1. Intrusion into a person's physical solitude
2. Publication of private information that violates ordinary decencies
3. Publication of information that places a person in a false light
4. Appropriation of some element of a person's personality, name or likeness for commercial purposes.
Avoiding Lawsuits
Kill a story if it is libelous, invades privacy or infringes copyright
OR
Skillfully edit the story to remove offending passages
Speak with people who call to complain about a story. Most people who threaten to sue are looking for
someone to listen, to investigate whether the story was wrong. If they encounter hostility, they are
likely next to call a lawyer.
Be careful how you talk in the newsroom and to sources about sensitive stories. Be careful how you slug
a story.
Checklist for Editing
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Document Summary
When you are describing how much one value among a collection of values contributes to the entire collection, a percentage of whole is a good place to start. To calculate a percentage of whole, add all the values in the collection. Take the particular value you are interested in and divide it by the sum of all the values. Then, multiply by 100 to find the percentage. Prior restraint judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In us law, the first amendment severely limits the ability of the government to do this. In these cases, at least one of the following criteria must exist: A direct link between publishing and a specified harm the certainty that harm will come immediately after publication. The certainty that the nature of the harm will be irreparable.
