MEJO 341 MIDTERM #2 STUDY GUIDE
prior restraint - Answers - government censorship of information before it is published or
broadcast
seditious libel - Answers - Written language that seeks to convince others to engage in
the overthrow of a government.
The Sixth Amendment - Answers - guaranteed the right of a criminal defendant to a
speedy and public trial by an impartial jury of the State and district wherein the crime
shall have been committed
The First Amendment - Answers - the public's right to know, the freedom of the press
sequestrian - Answers - isolation of the jury from public
voir dire - Answers - questioning of potential jurors to identify prejudice
gag orders - Answers - limit discussion outside the courtroom, is presumptively
unconstitutional. Must meet the highest standard of review before imposing one
reporter's privilege - Answers - came out of Branzburg v. Hayes, where some reporters
claimed that the First Amendment provided a privilege that protected from revealing
confidential information. Journalists do NOT have the first amendment's privilege and
can be charged for contempt until they release information to satisfy the public's interest
to know
defamation - Answers - false statement or communication that injures a third party's
reputation. Includes libel and slander
negligence - Answers - journalistic malpractice; sloppiness and mistakes
actual malice - Answers - knowingly publishing falsehoods or acting with reckless
disregard
libel - Answers - publication of defamatory matter by written or printed words,
embodiment in physical form, or any other form of communication that has potentially
harmful characteristics comparable to those of written or printed worsd
slander - Answers - publication of defamatory matter by spoken words, transitory
gestures, or other form of communication not amounting to a libel
publication - Answers - a person bringing a defamation lawsuit must prove that the
defendant uttered or distributed it to at least ONE person other than the plaintiff
, republication rule - Answers - the bearer of tales is as guilty as the teller of the tales;
therefore, every person that publishes the defamation is just as liable as the first person
wire service defense - Answers - if you republish a news item from a reputable news
agency, you did not know the information was false, and the news item on its face looks
legit, and you did not substantially alter the news item, then you are shielded
(some states have this)
statute of limitations - Answers - the maximum amount of time a plaintiff can wait before
bringing a lawsuit after the events they are suing over have occurred. done to promote
fairness and keep old cases from clogging the courts. generally this time is between 1-3
years
single publication rule - Answers - statutes of limitation begins when a defamatory
statement is first published
libel per se - Answers - an obviously defamatory publication (business, crimes, chastity,
disease)
libel per quod - Answers - publications which are not obviously defamatory, but which
become so when considered in connection with context
inducement - Answers - showing why the statement will harm plaintiff's reputation
special damages - Answers - pecuniary (monetary) losses caused by harm to plaintiff's
reputation
general damages - Answers - harm of a non-pecuniary nature; for instance, humiliation,
mental anguish, harm to reputation
moral turpitude - Answers - murder, manslaughter, rape, child abuse, kidnapping, etc.
libel-proof - Answers - a plaintiff can have a reputation so tarnished that it couldn't be
brought any lower, even for lies
omissions - Answers - even if a story contains nothing but truthful statements, it still
might be regarded as false if important facts are left out and the story leaves a false
impression
public figures - Answers - famous people, former politicians and the like, must
demonstrate actual malice
private figures - Answers - having less access to mass media and has not accepted
consequences of notoriety
prior restraint - Answers - government censorship of information before it is published or
broadcast
seditious libel - Answers - Written language that seeks to convince others to engage in
the overthrow of a government.
The Sixth Amendment - Answers - guaranteed the right of a criminal defendant to a
speedy and public trial by an impartial jury of the State and district wherein the crime
shall have been committed
The First Amendment - Answers - the public's right to know, the freedom of the press
sequestrian - Answers - isolation of the jury from public
voir dire - Answers - questioning of potential jurors to identify prejudice
gag orders - Answers - limit discussion outside the courtroom, is presumptively
unconstitutional. Must meet the highest standard of review before imposing one
reporter's privilege - Answers - came out of Branzburg v. Hayes, where some reporters
claimed that the First Amendment provided a privilege that protected from revealing
confidential information. Journalists do NOT have the first amendment's privilege and
can be charged for contempt until they release information to satisfy the public's interest
to know
defamation - Answers - false statement or communication that injures a third party's
reputation. Includes libel and slander
negligence - Answers - journalistic malpractice; sloppiness and mistakes
actual malice - Answers - knowingly publishing falsehoods or acting with reckless
disregard
libel - Answers - publication of defamatory matter by written or printed words,
embodiment in physical form, or any other form of communication that has potentially
harmful characteristics comparable to those of written or printed worsd
slander - Answers - publication of defamatory matter by spoken words, transitory
gestures, or other form of communication not amounting to a libel
publication - Answers - a person bringing a defamation lawsuit must prove that the
defendant uttered or distributed it to at least ONE person other than the plaintiff
, republication rule - Answers - the bearer of tales is as guilty as the teller of the tales;
therefore, every person that publishes the defamation is just as liable as the first person
wire service defense - Answers - if you republish a news item from a reputable news
agency, you did not know the information was false, and the news item on its face looks
legit, and you did not substantially alter the news item, then you are shielded
(some states have this)
statute of limitations - Answers - the maximum amount of time a plaintiff can wait before
bringing a lawsuit after the events they are suing over have occurred. done to promote
fairness and keep old cases from clogging the courts. generally this time is between 1-3
years
single publication rule - Answers - statutes of limitation begins when a defamatory
statement is first published
libel per se - Answers - an obviously defamatory publication (business, crimes, chastity,
disease)
libel per quod - Answers - publications which are not obviously defamatory, but which
become so when considered in connection with context
inducement - Answers - showing why the statement will harm plaintiff's reputation
special damages - Answers - pecuniary (monetary) losses caused by harm to plaintiff's
reputation
general damages - Answers - harm of a non-pecuniary nature; for instance, humiliation,
mental anguish, harm to reputation
moral turpitude - Answers - murder, manslaughter, rape, child abuse, kidnapping, etc.
libel-proof - Answers - a plaintiff can have a reputation so tarnished that it couldn't be
brought any lower, even for lies
omissions - Answers - even if a story contains nothing but truthful statements, it still
might be regarded as false if important facts are left out and the story leaves a false
impression
public figures - Answers - famous people, former politicians and the like, must
demonstrate actual malice
private figures - Answers - having less access to mass media and has not accepted
consequences of notoriety
