Defamation
The three elements to most plaintiffs around the world must prove to win a defamation lawsuit.
What are identification, publication and injury/harm?
These constitutional amendments form the basis for the right to privacy.
What are the first, third, fourth and ninth?
This is the type of source whose identity is known by no one.
What is an anonymous source?
This section of the Constitution protects copyrights and patents.
What is Article I, Section 8?
It is the name of the law passed after 9/11 that increased the government's ability to surveil U.S. citizens.
What is the Patriot Act?
This is the best defense to defamation.
What is truth?
This is the name of the newsgathering privacy tort.
What is intrusion?
This is the name of the law that protects journalists from revealing confidential sources in PA state courts.
What is the Pennsylvania Shield Law?
This is the name for works whose copyright has expired and can be used legally without paying royalties.
What are public domain works?
The U.S. government has charged whistleblowers and leakers under this law.
What is the Espionage Act?
In this case, the Supreme Court ruled that private plaintiffs must prove at least negligence to prevail in a defamation case.
What is Gertz v. Welch?
These are the four privacy torts.
What is intrusion, private facts, false light and misappropriation?
In this case, the Supreme Court ruled the First Amendment does not protect journalists who break promises of confidentiality.
What is Cohen v. Cowles Media Co.?
This is the current term of copyright protection for individual works.
What is Life of the Author + 70 years?
In New York Times v. U.S., the Supreme Court required the government to prove this before it could legally issue a prior restraint.
What is irreparable harm?
This is the legal term for reckless disregard for the truth.
What is actual malice?
The idea of a right to privacy was first articulated here.
What is in an 1890 Harvard Law Review article by Warren & Brandeis?
In this case, a majority of the Court voted that the journalist could not use the First Amendment to protect confidential sources in that particular case.
What is Branzburg v. Hayes?
For something to be copyrighted, it must meet these three criteria.
What is an 1) original work, 2) fixed in a tangible medium that is 3) made with a modicum of creativity?
This case involved the publication of information on how to build a hydrogen bomb that was gathered from publicly available documents.
What is U.S. v. the Progressive?
In this case, the Supreme Court held that opinions based on false facts could be actionable under defamation law.
What is Milkovich v. Lorain Journal?
This is required for someone to be able to successfully sue for an invasion of privacy.
What is a reasonable expectation to privacy?
These are four other examples of testimonial privilege beside the reporters' privilege.
What are doctor/patient, attorney/client, priest/penitent and spousal privileges?
These are the six rights in the copyright holder's bundle of rights.
What are reproduction, distribution, public performance, public display, digital performance and derivative works?
This is the legal term for any government action that attempts to prevent the publication of information.
What is a prior restraint?