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MEJO 341 - MEDIA LAW - MIDTERM II QUESTIONS AND ANSWERS.
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MEJO 341 - MEDIA LAW - MIDTERM II QUESTIONS AND ANSWERS.
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MEJO 341 - MEDIA LAW - MIDTERM IIQUESTIONS AND ANSWERS
defamation - answer false communications about another person that damage that person's
reputation or bring her into disrepute; includes the forms of slander and libel
damages - answer monetary compensation that may be recovered in court by any person who
has suffered loss or injury; may be compensatory for actual loss or punitive as punishment for
outrageous conduct
Sedition Act of 1798 - answer federal legislation under which anyone "opposing or resisting any
law of the US, or any act of POTUS could be imprisoned for up to 2 years; expired in 1801
seditious libel - answer criticism of the government
SLAPP - answer strategic lawsuits against public participation; lawsuits whose purpose is to
harass critics into silence, often to suppress those critics' FA rights
chilling speech - answer the goal of some defamation suits, especially SLAPP suits
burden of proof - answer the requirement for a party to a case to demonstrate one or more
claims by the presentation of evidence; in libel law, the plaintiff has this
plaintiff libel case: - answer 1. a statement of fact that is 2. published, 3. concerning the plaintiff,
is 4. defamatory, 5. is false and 6. causes injury
CDA - answer Communications Decency Act; this is a part of the 1996 Telecommunications Act
that largely attempted to regulate Internet content
, Setion 230 of the Communications Decency Act - answer this part of this law gives ISPs (Internet
service providers) immunity from libel claims as they are merely a channel for content, and are
not producing said content
Dendrite test - answer used to determine whether or not to proceed with a libel case if
defendant is anonymous: show prima facie evidence that the case is strong enough to
withstand a motion to dismiss
libel per se - answer a statement whose injurious nature is apparent and requires no further
proof; typically include accusations of criminal activity, unethical activity or practice,
unprofessional behavior, and/or immoral actions
libel per quod - answer a statement whose injurious nature requires proof
trade libel - answer this pertains to criticism of products rather than criticism of people or
businesses
substantial truth - answer idea that minor error or discrepancy does not necessarily make a
statemnet false
fault - answer this was not an element of common law libel until the NY Times Co. v. Sullivan
case
actual malice - answer in terms of fault, this is the level at which public officials and public
figures must prove
actual malice - answer in libel law, a statement made knowing it is false or with reckless
disregard for its truth
knowledge of falsity - answer a part of the concept of actual malice; concerns publishing
information knowing it is false
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