Exam 2 Filled out study Guide
Exam 2 Filled out study Guide COMM345
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This 5 page Study Guide was uploaded by amanda schuman on Sunday September 20, 2015. The Study Guide belongs to COMM345 at University of Delaware taught by Dr. Lambe in Spring 2015. Since its upload, it has received 36 views. For similar materials see in Communication at University of Delaware.
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Date Created: 09/20/15
Terms Opposing views about hate speech quotMore speechquot solution instead of stopping people let them say what they want and argue against them hopefully better argument will win Harmful Impact justi es censorship trauma does emotional count Fighting words doctrine The only time ghting words are not protected is when the speech is so harmful that it causes acts of violence prejudice could be protected Cause of action a legally acceptable reason for suing the kind of damage suffered is eligible for legal remedy Tort civil wrong creating a write a right for a victim to sue Plaintiff person who brings on the lawsuit Defendant the tortfeaser in a civil lawsuit or the accused in a criminal lawsuit Privacy interference with legally recognized interest in protecting personal info Defamation a false intentional written or spoken comm that injures a person s rep Libel a written defamation Slander a verbal defamation Burden of proof the party who has this must present evidence to support their claim Actual compensatory damages the type of damages covering actual demonstrated injuries both general and special damages Punitive damages award often high intended to punish a wrongdoer Summary judgmentdismissal the termination of a lawsuit usually before trial upon the showing that there are not disputes about the facts of the case and that one party usually defendant is entitled to prevail as a matter of law Plain view anything that can be seenheard in a public place Truth as a defense allowing publishers to prove the truth of what they printed as a means of defending against civil libel suits Opinion defense aka Fair comment amp criticism protects expressions of opinions about the public performances of persons such as entertainers and politicians who voluntarily place themselves before the public Privilege Absolute quali ed abuse of privilege Absolute Privilege granted for anyone participating in formal government hearing it says they can t be sued for libel in that venue only during of cial hearings Quali ed Privilege covers truthful report of what was said or done in a public gov t meeting or what is contained in public records fair reporting Abuse of privilege if the quali ed privilege and only reported with bias then they can lose the privilege Neutral reportage the paper attempted to cover both sides Newsworthiness weak defense public interest in info Consent invite a reporter in implies it Statute of Limitations the amount of time you have to sue for libel Public of cial a person elected or appointed to public office Public gure all purpose limited purpose involuntary All Purpose celeb president sport positions of power and in uence Limited purpose speci c interest group important public controversy that already existed must inject themselves voluntarily into it must be trying to in uence public opinion about controversy must have some access to media in their effort to in uence public lnvoluntary rare someone who commits a crime but don t want publicity Private person in private or public matter public they most prove falsity Actual malice hard to prove standard of proof for a public person in libel a statement made with knowing falsity or reckless disregard for the truth Negligence in libel a statement made carelessly or without exercise of normal care in veri cation a lower burden of proof for fault that falls on plaintiffs who are private people History of libel lawcriminal libel British government criticism was punishable by jail time Zenger trial when someone published criticism against gov t the publisher got thrown in jail the attorney got the gov t to change the rules to allow truthful statements to be printed Alien amp Sedition Laws if you criticize gov t or excite popular hostility it would be a crime Elements of libel defamation publication identi cation falsity faultlinjury amp damages Defamation an attack on a person s reputation by false malicious or negligent statements quotRed agquot types of information innocent construction rule don t read too much into what is being said interpreted how it commonly is Criticism of products amp businesses quotveggie libelquot false info about produce states pass laws against defamation for produce and livestock Publication legally if one other person sees or hears it appears in mass media Respondent superior when media organizations are responsible for employees publishing Complicity rule only if the employer authorizes or participates in employee misconduct they will be sued Republication rule every time republished a new libel those who simply distribute publications usually not legally responsible SPEECH Act of 2010 invalidate foreign libel verdict unless the lawsuit was going to be the same in the US Diversity suit more than one state usually goes to federal court Identi cation element and size of groups the plaintiff must show libel is of and concerning himherit can prove someone else identi ed them 115 can assume identity 1699 gray area 100 no Falsity prove that it s false don t have to prove if private person in private matter what does it mean to prove falsity minor inaccuracies but heart of what is being said is false If a juror changes their opinion about a plaintiff then what was said is false Fault who is the plaintiffpublic or private how was the story material processedprepared every plaintiff must establish some level of fault Section 230 and online service providers publishers create content for others to see and distributers provide a platform to provide the information can t sue distributer onlv publisher SLAPP lawsuits Emotional distress lawsuits Libel proof plaintiff Retractions Strategies to avoid libel lawsuits Privacy torts intrusion appropriation disclosure of private facts false light lntrusion offecnsive physical electronic or mechanical invasion of another s solitut or seclusion control over space to consider it private deals with information gathering must show reasonable expectation of privacy and that intrusion did occur defenses plain view consent newsworthiness Appropriation taking a person s name picture photo or likeness and using it for commercial gain without their permission applies to celebrities right of publicity to win must show unauthorized use proof the identity has value that the use was commercial and damages defenses consent cant go back on it minors or incapable of consent is exception doctrine of incidental use brief use like caught in a movie newsworthiness fair usefair comment parodysatire Know what you need to prove to win each privacy tort possible defenses for each Booth rule had consented to earlier photo allowed to advertise with previous content Children39s Online Privacy Protection Act COPPA Doctrine of incidental use Why is privacy increasingly important in today39s digital media environment Emails at work not private The Internet amp privacy cyberstalking easy to do if threatening or harassing 5 years in prison pretexting gaining access to phone records by pretending to be someone you re not media quotride alongsquot cop shows 4th amendment issue unreasonable search and seizure California39s quotEraserquot law Electronic Privacy Information Center EPIC quotTerms amp Conditions May Applyquot video Cases Virginia v Black 2003 Cross burning singled out strong form of intimidation it is legal to do now it doesn t violate rst amendment for there to be laws against it as long as the intent is to intimidate New York Times v Sullivan 1964 Editorial paid ad stating that the non violent civil rights movement was being met by a wave of terror and giving examples of misconduct by government of cials in the south Sullivan is an Alabama city of cial claimed he was being libeled was not speci cally named parts were inaccurate Supreme court decision uninhibited robust debate necessary for our country The rst amendment protects the right to criticize the conduct of public of cials Signi cance brings laws of libel under protection of rst amendment for elements of falsity and fault shifts the burden of proof to the plaintiff establishes the actual malice fault requirement for a public of cial to win a libel case The ad was placed in the NYT during civil rights movement in Alabama a lot of con ict religious leaders and leaders of civil rights movement paid for ad in NYT for how the government were treating the protesters badly asking for people to support the civil rights movement Sullivan city commissioner in charge of police force he sued that he had been identi ed and there were a few false bits of info but supreme court said if you are a public of cial you should withstand criticism in this country cant get damages when there is few errors when big picture is true Established falsity for everyone except public gures public of cials have to prove actual malice Ollman v Evans 1984 four part opinion defense
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