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Chapter 25. Reporters and the Law. Libel. Libel is published false and malicious information that defames a person. Expose a person to shame, disgrace. Injure a person’s reputation. Injure the person in his or her occupation. Defenses against libel.
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Chapter 25 Reporters and the Law
Libel Libel is published false and malicious information that defames a person. Expose a person to shame, disgrace. Injure a person’s reputation. Injure the person in his or her occupation.
Defenses against libel Privileged - Accurate reporting of public proceedings such as court sessions Truth - And reported without malice Fair Comment and Criticism
NYT vs. Sullivan Watch this video and take notes as if for a story.
Write a Brief Story Questions • Why did L. B. Sullivan sue the New York Times? • How did the Court rule? • What was the Court’s reasoning? • In his concurring opinion, Justice Black wrote, “I doubt that a country can live in freedom where its people can be made to suffer physically or financially for criticizing their government, its actions, or its officials…An unconditional right to say what one pleases about public affairs is what I consider to be the minimum guarantee of the First Amendment.” How did Justice Black come to the same conclusion as the majority, but for a different reason?
Additional Links http://www.oyez.org/cases/1960-1969/1963/1963_39 http://www.theatlantic.com/national/archive/2014/03/today-is-the-50th-anniversary-of-the-re-birth-of-the-first-amendment/284311/ http://www.uscourts.gov/multimedia/podcasts/Landmarks/NewYorkTimesvSullivan.aspx
The NYT ad Heed Their Rising Voices
Actual Malice The information must be defamatory, false and: • It was published with the knowledge it was false. OR • The statement was made with reckless disregard of whether or not it was false.
Public Officials/Figures Public Officials - Elected officials, candidates, police officers, appointed officials such as judges and some others. Public Figures - Those who have considerable power/ influence and those who have voluntarily thrust themselves into controversy.
Conditions Attribution is no defense. Conditional vs. Absolute Privilege Deadline Pressure - Hot News
Libel Suits Usually Result from: • Carelessness • Exaggerated or enthusiastic writing • Opinions not based on facts • Statements made by officials or informants outside privileged situations. • Inadequate verification • Failure to check with subject of statement
Privacy Balance the public’s right to know with the individual’s right to privacy. • Intrusion - eavesdropping or trespassing - by a reporter is illegal. • In other cases, newsworthiness is a defense against invasion of privacy claims.
Exceptions to FOIA • Income tax returns • Secret documents vital to national defense or foreign policy • Intra-agency letters • Other sensitive or classified material