JOMC 486: Exam One
1996 telecommunications act (communications decency act) - -Sec. 230
says no provider of an interactive computer service shall be treated as the
publisher of any information provided by others; distinguishes interactive
computer service providers from information content providers
- absolute privilege - -some situations in which people have an absolute
privilege to speak, even if words defame; legislators, city council
members, police, prosecutors or other officials speaking within the scope
of their duties
- actual damages - -compensate plaintiff for injury to reputation, hurt
feelings, humiliation
- actual malice - -public officials and public figures must prove to win a
libel suit; means proving the publisher either: knew the communication
was false and defamatory of the other or, acted in reckless disregard of
whether it was false and defamatory
- Anti-SLAPP Laws - -Strategic Lawsuits Against Public Participation;
used when individuals or businesses use libel lawsuits and threats of
lawsuits to quiet or prevent criticism of their actions; do the following:
allow the defendant to move for dismissal of the suit; require judges to
consider the motion early in the case and to make a determination of
whether the lawsuit interferes with protected speech; require the plaintiff
to demonstrate probability of succeeding on the merits if the judge finds a
threat to protected speech; allow the judge to dismiss the lawsuit if the
plaintiff fails to present evidence sufficient to justify continuing the suit;
and allow the judge to order the plaintiff to pay the defendant's attorney
fees
- Brandenburg Test - -state may punish speech that is seditious or may
encourage criminal behavior if there is evidence of:
-intent to incite violence
-imminence of violence
-likelihood of violence
- characteristics of fighting words - -personal insults likely to provoke
violent response; spoken in a face-to-face situation; concern is whether
the recipient of the words will respond with violence against the speaker
- characteristics of seditious speech - -calls for political, social or
economic change through violent, unlawful means; may be spoken or
written; concern is whether the recipients of the words will commit violent
or illegal acts against third parties
, - common-law and statutory damages - --truth
-absolute privilege
-fair-report privilege
-fair-comment privilege
-anti-SLAAP laws
- Content-Neutral, Content-Based Dichotomy - -content-based
regulation subjected to strict scrutiny; content-neutral regulations judged
by a less demanding standard
- defamation - -tends to so harm the reputation of another so as: to
lower him or her in the estimation of the community, or deter third
persons from associating or doing business with him
- determining limited-purpose public figure status - --isolate a public
controversy
-plaintiff voluntarily played a prominent role in the controversy
-defamatory statements are germane to the plaintiff's role in the
controversy
-plaintiff had regular and continuing access to the media
- elements of a libel suit - --identification
-publication
-defamation
-falsity
-fault
-injury
- elements of appropriation - --appropriates to her or his own use or
benefit
-the name or likeness of another
- elements of false light - --gives publicity to matters that place another
in a false light
-the false light would be highly offensive to a reasonable person, and
-the author or publisher acted with knowledge of falsity or reckless
disregard for falsity (actual malice)
- elements of publicity to private facts tort - --gives publicity
-to a matter concerning the private life of another and
-the matter publicized would be highly offensive to a reasonable person
and
-is not of legitimate concern to the public
- elements of right of publicity - --use of a distinctive element of the
plaintiff's identity to defendant's commercial advantage
-lack of consent by plaintiff
-injury to plaintiff
1996 telecommunications act (communications decency act) - -Sec. 230
says no provider of an interactive computer service shall be treated as the
publisher of any information provided by others; distinguishes interactive
computer service providers from information content providers
- absolute privilege - -some situations in which people have an absolute
privilege to speak, even if words defame; legislators, city council
members, police, prosecutors or other officials speaking within the scope
of their duties
- actual damages - -compensate plaintiff for injury to reputation, hurt
feelings, humiliation
- actual malice - -public officials and public figures must prove to win a
libel suit; means proving the publisher either: knew the communication
was false and defamatory of the other or, acted in reckless disregard of
whether it was false and defamatory
- Anti-SLAPP Laws - -Strategic Lawsuits Against Public Participation;
used when individuals or businesses use libel lawsuits and threats of
lawsuits to quiet or prevent criticism of their actions; do the following:
allow the defendant to move for dismissal of the suit; require judges to
consider the motion early in the case and to make a determination of
whether the lawsuit interferes with protected speech; require the plaintiff
to demonstrate probability of succeeding on the merits if the judge finds a
threat to protected speech; allow the judge to dismiss the lawsuit if the
plaintiff fails to present evidence sufficient to justify continuing the suit;
and allow the judge to order the plaintiff to pay the defendant's attorney
fees
- Brandenburg Test - -state may punish speech that is seditious or may
encourage criminal behavior if there is evidence of:
-intent to incite violence
-imminence of violence
-likelihood of violence
- characteristics of fighting words - -personal insults likely to provoke
violent response; spoken in a face-to-face situation; concern is whether
the recipient of the words will respond with violence against the speaker
- characteristics of seditious speech - -calls for political, social or
economic change through violent, unlawful means; may be spoken or
written; concern is whether the recipients of the words will commit violent
or illegal acts against third parties
, - common-law and statutory damages - --truth
-absolute privilege
-fair-report privilege
-fair-comment privilege
-anti-SLAAP laws
- Content-Neutral, Content-Based Dichotomy - -content-based
regulation subjected to strict scrutiny; content-neutral regulations judged
by a less demanding standard
- defamation - -tends to so harm the reputation of another so as: to
lower him or her in the estimation of the community, or deter third
persons from associating or doing business with him
- determining limited-purpose public figure status - --isolate a public
controversy
-plaintiff voluntarily played a prominent role in the controversy
-defamatory statements are germane to the plaintiff's role in the
controversy
-plaintiff had regular and continuing access to the media
- elements of a libel suit - --identification
-publication
-defamation
-falsity
-fault
-injury
- elements of appropriation - --appropriates to her or his own use or
benefit
-the name or likeness of another
- elements of false light - --gives publicity to matters that place another
in a false light
-the false light would be highly offensive to a reasonable person, and
-the author or publisher acted with knowledge of falsity or reckless
disregard for falsity (actual malice)
- elements of publicity to private facts tort - --gives publicity
-to a matter concerning the private life of another and
-the matter publicized would be highly offensive to a reasonable person
and
-is not of legitimate concern to the public
- elements of right of publicity - --use of a distinctive element of the
plaintiff's identity to defendant's commercial advantage
-lack of consent by plaintiff
-injury to plaintiff
