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Defamation and Criminal Libel

Defamation and Criminal Libel. JOUR3060 Communication Law & Regulation. DEFAMATION. Defamation is 1) a defamatory statement or utterance, 2) of and concerning the plaintiff, that has been 3) published to a third party, and results in 4) damages. DEFAMATION.

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Defamation and Criminal Libel

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  1. Defamation and Criminal Libel JOUR3060 Communication Law & Regulation

  2. DEFAMATION • Defamation is 1) a defamatory statement or utterance, 2) of and concerning the plaintiff, that has been 3) published to a third party, and results in 4) damages

  3. DEFAMATION • 1) a defamatory statement or utterance • Slander • Libel • Criminal • Civil

  4. DEFAMATION • 2) of and concerning plaintiff

  5. DEFAMATION • 3) published to a third party

  6. DEFAMATION • 4) damages

  7. DEFAMATION • Who is liable? • 1) • 2) • 3) • What is the Burden of Proof? • Must prove: 1) 2) • Public Persons: • Private Persons / Public Matter:

  8. DEFAMATION • What are the defenses to defamation? • 1) • 2) Absolute Privilege • 3) Qualified Privilege • Absolute Privilege • 1) • 2) • 3) • Qualified Privilege • 1) • 2) • 3) • 4) • 5)

  9. DEFAMATION • CRIMINAL Libel • - how take action • - standard of proof • - punishment • CIVIL Libel • - how take action • - standard of proof • - punishment

  10. CRIMINAL LIBEL • Beauharnais vs. Illinois (1952) • New York Times vs. Sullivan (1964) • Garrison vs. Louisiana (1964) • Brandenburg vs. Ohio (1969) • Imminent Lawless Action Test • 1) • 2) • 3)

  11. CRIMINAL LIBEL IN GEORGIA • Williamson vs. State (of Georgia) (1982) • GA. Code 16-11-40 Criminal defamation: (a) A person commits the offense of criminal defamation when, without a privilege to do so and with intent to defame another, living or dead, he communicates false matter which tends to blacken the memory of one who is dead or which exposes one who is alive to hatred, contempt, or ridicule, and which tends to provoke a breach of the peace. (b) A person who violates subsection (a) of this Code section is guilty of a misdemeanor.

  12. New York Times vs. Sullivan (1964) • New York Times vs. Sullivan animation: • https://www.youtube.com/watch?v=VQBO5PHguZc • Klobuchar & Kagan Discuss New York Times v. Sullivan • https://www.youtube.com/watch?v=tXnK1u0HkYQ

  13. For next class: • Monday 2/24 • Exam #1 returned • Topic: Civil Libel • Assignment: Read Hopkins Ch6, Lisby Ch2

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