JRN 430 Mid-Term answers
5 Elements to prove libel✔✔1. Defamation 2. Falsity 3. Identification 4. Harm 5.
Publication
Actual Malice✔✔knowledge of falsity or reckless disregard for the truth
Libel Defenses✔✔- Truth
- Wire Service
- Statute of Limitations
- Neutral Reportage
- Opinion
- Consent
- Fair Comment & Criticism
- Summary Judgement
SLAPP lawsuits✔✔Lawsuits whose purpose is to harass critics into silence, often to
suppress those critics' First Amendment rights.
Libel per se✔✔Libel on its face; obvious
Libel per quod✔✔Not obvious; assemble pieces
Types of Damages in Libel Suits✔✔Actual damages (compensation)
Assumed damages (court assumes reputation was ruined but plaintiff can't prove
actual damage)
Punitive damages (punish defense)
Burden of Proof for public person✔✔actual malice
burden of proof for private person✔✔negligence
O'Brien Test✔✔A 4-part test used to determine whether govt. regulation on symbolic
speech is constitutional. 1. Is regulation within constitutional power of govt.? 2. Does
regulation further substantial govt. interest? 3. Is govt. interest unrelated to
suppression of free expression? 4. Is incidental restriction of expression no greater
than needed?....if all YES, regulation IS constitutional. So, O'Brien did not have right
to burn draft card.
John Peter Zenger✔✔New York publisher who was taken to court for criticizing the
governor of New York. Defended it by saying what he published was TRUE via
Andrew Hamilton.
libel tourism✔✔the act of suing a writer for alleged defamation in a foreign
jurisdiction where there are weaker libel laws
Times when Prior Restraint is justified✔✔1. Movement of Troop Ships (National
Security)
, 2. Clear and Present Danger
3. Obscenity
Tort✔✔Case of civil action (Ex: libel)
Lowest Court✔✔District
Middle Court✔✔Court of Appeals
Highest Court✔✔Supreme Court
Lowest court(s) in Michigan✔✔Circuit and District
Legislative Branch✔✔Senate (100 members) and House of Representatives (435
members)
Judicial Branch✔✔Supreme Court
Executive Branch✔✔President, Vice President, Cabinet
What branch can be F.O.I.A'd?✔✔Executive Branch ONLY
1st Amendment Rights✔✔Freedom of Religion, Speech, Press, Assembly, and
Petition
Criminal Speech✔✔Child Pornography
Aeropagitica (1644)✔✔John Milton. Est. Open Marketplace of Ideas (term actually
coined by Justice Holmes)
Abrams v. US✔✔Defendant's criticism of US involvement with WWI not protected by
first amendment, bc it advocated a strike and violent overthrow of government.
(These r the WW1 protests that started presenting issues with 1st
Amendment/freedom of expression)
commercial speech✔✔Advertisements and commercials for products and services;
they receive less First Amendment protection, primarily to discourage false and
misleading ads.
Levels of Scrutiny✔✔rational basis, intermediate scrutiny, strict scrutiny
Balancing Test✔✔The view of the majority of the Supreme Court that First
Amendment rights must be weighed against the competing needs of the community
to preserve order.
Nulla poena sine lege✔✔No punishment without law
5 Elements to prove libel✔✔1. Defamation 2. Falsity 3. Identification 4. Harm 5.
Publication
Actual Malice✔✔knowledge of falsity or reckless disregard for the truth
Libel Defenses✔✔- Truth
- Wire Service
- Statute of Limitations
- Neutral Reportage
- Opinion
- Consent
- Fair Comment & Criticism
- Summary Judgement
SLAPP lawsuits✔✔Lawsuits whose purpose is to harass critics into silence, often to
suppress those critics' First Amendment rights.
Libel per se✔✔Libel on its face; obvious
Libel per quod✔✔Not obvious; assemble pieces
Types of Damages in Libel Suits✔✔Actual damages (compensation)
Assumed damages (court assumes reputation was ruined but plaintiff can't prove
actual damage)
Punitive damages (punish defense)
Burden of Proof for public person✔✔actual malice
burden of proof for private person✔✔negligence
O'Brien Test✔✔A 4-part test used to determine whether govt. regulation on symbolic
speech is constitutional. 1. Is regulation within constitutional power of govt.? 2. Does
regulation further substantial govt. interest? 3. Is govt. interest unrelated to
suppression of free expression? 4. Is incidental restriction of expression no greater
than needed?....if all YES, regulation IS constitutional. So, O'Brien did not have right
to burn draft card.
John Peter Zenger✔✔New York publisher who was taken to court for criticizing the
governor of New York. Defended it by saying what he published was TRUE via
Andrew Hamilton.
libel tourism✔✔the act of suing a writer for alleged defamation in a foreign
jurisdiction where there are weaker libel laws
Times when Prior Restraint is justified✔✔1. Movement of Troop Ships (National
Security)
, 2. Clear and Present Danger
3. Obscenity
Tort✔✔Case of civil action (Ex: libel)
Lowest Court✔✔District
Middle Court✔✔Court of Appeals
Highest Court✔✔Supreme Court
Lowest court(s) in Michigan✔✔Circuit and District
Legislative Branch✔✔Senate (100 members) and House of Representatives (435
members)
Judicial Branch✔✔Supreme Court
Executive Branch✔✔President, Vice President, Cabinet
What branch can be F.O.I.A'd?✔✔Executive Branch ONLY
1st Amendment Rights✔✔Freedom of Religion, Speech, Press, Assembly, and
Petition
Criminal Speech✔✔Child Pornography
Aeropagitica (1644)✔✔John Milton. Est. Open Marketplace of Ideas (term actually
coined by Justice Holmes)
Abrams v. US✔✔Defendant's criticism of US involvement with WWI not protected by
first amendment, bc it advocated a strike and violent overthrow of government.
(These r the WW1 protests that started presenting issues with 1st
Amendment/freedom of expression)
commercial speech✔✔Advertisements and commercials for products and services;
they receive less First Amendment protection, primarily to discourage false and
misleading ads.
Levels of Scrutiny✔✔rational basis, intermediate scrutiny, strict scrutiny
Balancing Test✔✔The view of the majority of the Supreme Court that First
Amendment rights must be weighed against the competing needs of the community
to preserve order.
Nulla poena sine lege✔✔No punishment without law
