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TRF 637 Comm. Law & Policy Defamation - Zeran v. AOL o Zeran sues AOL and radio station, arguing that AOL was on notice liability, radio station publishes story was in the wrong because it was distribution of false statement o The posts was on a AOL message board with Zeran’s phone number o AOL says they are not liable o Communications Decency Act Section 230 – ISP cannot be held liable for 3 rd party o AOL won the case - Can you defame someone in a fictional film o Ex: The Wire, based on actual people and events in Baltimore - Publisher v. Distributor o Unreasonable for distributor to clear/monitor all of its content Categories of libel per se – if you can claim damages - Loathsome of disease (Ex: STD) - Imputing on chasity of a woman - Imputation of a crime - Incompetency on business or trade Syracuse.com post - Trbrooks36 - Said that Gutterman is a flake - Defamation The Ollman Test (libel) - Can the statement be proved true or false - What is the common or ordinary meaning of the words - What is the journalistic context of the remark - What is the social context of the remark - Ex: “Hot Chicks With Douchebag” book o Term of art “douchebag” and “skank”