Week 10 - Instructor Notes

Instructor Notes from Week 9

a.) Accuracy and libel
1.) What is defamation and slander? Damage to character. True.
2.) Libel is published slander.
3.) Truth is an absolute defense
4.) Times v. Sullivan said public officials must prove actual malice Burden is on the plaintiff.
5.) Actual malice is knowledge of falsehood or reckless disregard. Why did the Court do this? Who is a public official?
6.) Other cases extended it to public figures.
a.) Pervasive. (Simplot?)
b.) Vortex or limited. Voluntarily thrust himself into a public controversy to influence the outcome.
c.) Involuntary Finds himself in a public controversy. Rare. Court often says is not a public figure.
d.) Private figures. Standards of liability up to the states. Gertz v Welch (lawyer, John Birch Society labeled Communist). Published with carelessness or negligence instead of proving actual malice. But it has to be false and damaging to their reputation.
e.) Corrections don’t help a lot
7.) Privilege
a.) Absolute. Public officials making statements in the course of their official duties. Includes law enforcement officials. Public meetings and records, too.
b.) Qualified priv for media.
8.) Neutral reportage
Ten states recognize it. Accusations against a public official or figure in a public controversy as long as the reporter states them accurately.
9.) Fair comment and criticism
a.) For reviews. Opinion is protected. Factual errors in opinion stories is not.

Invasion of privacy
a.) Accuracy isn’t a defense.
b.) Intrusion into solitude
c.) Public disclosure of private facts
d.) False light
e.) Use of a name or picture without permission. Here’s Johnny.