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Exam 4: Libel

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Question 21

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Michael Malice, a campus writer, posts an internet message that most of the brothers of the APT Fraternity House "have spent time in jail for drug use and violence." In fact, none of the ten brothers or the fraternity has ever been charged with drug use or violence. Thomas Goodie, a member of the fraternity, sues Malice for libel. Some courts have ruled a member of a group the size of APT might bring a libel suit because he has been "identified" and defamed.

A) True
B) False

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Question 22

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The Supreme Court ruled in Farmers Educational and Cooperative Union of America v. WDAY, Inc., that broadcasters are not responsible for a political candidate's libelous statements if the broadcasters are fulfilling their "equal opportunities" obligations under Section 315 of the Federal Communications Act of 1934.

A) True
B) False

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Question 23

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A business can be defamed.

Under defamation laws in most states, journalists cannot be sued successfully for defamation if their reporting of legislative and judicial bodies is fair and accurate, even if those reports repeat false statements of fact spoken during the proceedings.

All anti-SLAPP statutes include fee-shifting provisions and expedited hearings that allow for early dismissal of meritless defamation actions.

A combination of journalistic practices may constitute actual malice, including:

A successful neutral reportage defense usually requires the media to prove the published defamation is:

The Supreme Court has ruled that lawyers must be considered "public figures" in libel cases if they take on a controversial client.

Under the "wire service" defense, courts have held that the media can always rely on a wire service copy without verifying it because of the heavy burden that verification places on the media's ability to report national and world news.

In late 2020, the FAA released two final rules intended to accelerate the integration of drones into the national airspace system. The rules:

Although courts may order websites to remove content proven at trial to be libelous, issuing injunctions against potential future libels would likely be an unconstitutional prior restraint.

A court might issue summary judgment for the media if a public figure plaintiff cannot establish evidence of actual malice before trial.

Under the Communications Decency Act, internet sites that host comment sections are not responsible for libel if someone posts defamatory statements in those comment sections.

The "wire service" defense was developed in response to serial plaintiffs traveling from town-to-town filing libel suits against local newspapers that unknowingly repeated defamatory stories picked up on news wires.

In New York Times v. Sullivan, the Supreme Court ruled that the newspaper's failure to check the facts in the defamatory advertisement constituted actual malice.

The Supreme Court said that the failure of the New York Times to check the accuracy of the advertisement "Heed Their Rising Voices" constituted:

According the U.S. Supreme Court, the Saturday Evening Post did not act with actual malice in the case involving Wally Butts. Evidence presented at trial showed that the magazine's editors acted in good faith regarding the source and the truthfulness of the charges made against Butts.

Which words and phrases would be protected opinion in a libel suit?

The U.S. Supreme Court's contemporary defamation doctrine is based on the premise that some falsehoods must be protected in order to provide an environment for uninhibited debate on public issues.

To be defamatory, a libelous statement must be "published" to at least one person beyond the person libeled.