Media Law Comm 1610
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This 4 page Class Notes was uploaded by Jane Doe on Tuesday April 28, 2015. The Class Notes belongs to Comm 1610 at University of Utah taught by Professor Psarras in . Since its upload, it has received 120 views. For similar materials see Intro to News Writing in Communication Studies at University of Utah.
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Date Created: 04/28/15
Media Law First amendment No rules or laws to govern what the press can say prior restraint case Consequences Civil law Libe published material Slander spoken material Defamation of character Showing someone in a quotfalse lightquot Damages Average jury for libel in the US 285 million The average cost of defending a libel suit 25000 Proving libel 6 things need to be proven in court 1 Defamation has occurred 2 Identi cation is clear 3 It has been published 4 It has to be false 5 It caused injury 6 Fault was committed Fault Was the reporter reckless quotReckless disregard for the truthquot Recklessness is the number 1 nding that has been committed Did heshe disregard exculpatory evidence looking at both sides Was the reporter negligent Did you look the other way were you thorough 90 of liable verdicts had the reporter under deadline struggle Was the reporter malicious Most rare malice is not only intentional What is malice US supreme court Malice may exists if Knew the facts would call the story into questions refused to examine evidence that would prove or disprove a charge Rely on an inherently unbelievable source Pubished an improbable story without investigation Simply fabricated the story Damages and Times v Sullivan Sullivan is considered a quotpublic gurequot Compensatory damages may be awarded is the court simply nds libel existed If the courts nd malice exists it may award punitive damages NY Times v Sullivan Pubic of cial most prove quotactual malicequot Actual malice is de ned by a knowledge the info is false or reckless disregard pf whether it is false or not Two levels of public gures People who have voluntarily assumed a position of power General purpose Ceebrities actors rock stars sports heroes politicians etc Limited purpose People who have thrust themselves before the public eye for a particular purpose to comment on an issue organize a protest etc Libel defense Truth It may not be pretty but it s the facts Fair report Testifying in the court members of legislative bodies Reporters covering such speeches are granted same protection Shield law fair comment and criticism Everyone has the right to an opinion If the opinion is expressed on matters of legitimate public interest based on true facts and NOT motivated solely by ill will Danny Forston case quothe s a thugquot comment on suns player that hurt another player during a game Pubic gures law Libe per quod libel per se Most common type surface level defamatory Libel danger areas Shoddy or incomplete reporting Photos Quotes crime stories Libe danger areas the quotf wordquot For safe convicted for sentenced for Not safe arrested for How to stay out of court Hande any phone calls with courtesy Have libel insurance good lawyers stay up to date notes keep lots of notes and evidence as you do things using the word allegedly wont save you Proper attribution most important ex according to Context of publication Tabloids Seem to be damage proof Tabloids get away with a lot News Gathering First amendment says NOTHING about new gathering All kinds of laws pertain from city county state etc Privacy and restrictions where can reporters go quotReporter privilegequot generally assumed that news reporters can access the scene of a news event without restriction unless restrictions are already in place Timemannerpace restrictions are controversial Privacy standards Law protects people form intrusion under a general standard Reasonable expectation of privacy ntrusion and violation of privacy