Levels of Speech/Expression
pure speech
intermediate speech
unprotected speech
Is intermediate speech or pure speech more easily regulated?
intermediate speech
What are some examples of pure speech?
public speech, writing a letter, publishing a newspaper or book
The government has to have very powerful reason to impose any limits on pure speech
True
What are some examples of intermediate speech?
symbolic speech, advertising, broadcasting
What are some examples of unprotected speech?
fighting words, libel, obscenity, threats, fraud
Under the Brandenburg test, the 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
What are the elements of a libel suit?
defamation
identification
publication
injury
falsity
fault
When words are defamatory on their face
Libel per se
A facially innocent statement becomes defamatory when it is combined with unstated facts known to the audience
Libel per quod
The arrangement of facts or the omission of some facts creates a false and defamatory impression
libel by implication
Most cases of libel by implication involve
a. libel per se
b. libel per quod
libel per se
Injury can be presumed if there was _____
actual malice
Two types of actual malice
Actual Malice Type A: knowledge of falsity
Actual Malice Type B: reckless disregard
Making up a quotation and falsely attributing it to a source is an example of which type of malice
Type A (knowledge of falsity)
Publishing a story based on the unsupported statement of an untrustworthy source is an example of which type of malice
Type B (reckless disregard)
In order to be eligible for invasion of privacy by publicity to private facts the plaintiff has to prove these four things:
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 public concern to the public
Which standard should you use when determining if a story is newsworthy?
Shulman standard
What is the difference between disparagement and defamation?
Defamation involves personal reputation and disparagement involves a person's property or economic interests