Libel & Slander
Define Libel.
Written false statement of fact that harms reputation.
Name two freedoms guaranteed by the First Amendment.
Any two of speech, press, religion, petition, peaceful protest.
Name one type of invasion of privacy.
Any of: Public Disclosure, Intrusion, False Light, Misappropriation.
Name the defense for misappropriation.
Consent.
Define public figure.
Someone who is famous.
Spoken false statement of fact that harms reputation.
Name all five freedoms guaranteed in the First Amendment.
Speech, Press, Religion, Petition, Peaceful Protest.
List all four types of invasion of privacy.
Answer: Public Disclosure, Intrusion, False Light, Misappropriation.
What is the iron-clad defense for libel?
Truth (provably true)
Define public official.
An elected official or one with power.
What must be proven in any libel or slander case?
False statement of fact that harms reputation.
List the four limits on the First Amendment.
Government, Libel/Slander, Invasion of Privacy, Time/Place/Manner.
Describe 'intrusion' and give an example.
Going too far in covering news, e.g., trespassing with hidden camera.
Explain why 'truth' not a defense in a public disclosure case.
Because the information is private, not false.
Public figures less protected in libel cases. Why?
They have access to media to defend themselves and accept scrutiny.
How does libel law differ for private citizens vs. public officials?
Public officials must prove malice; private citizens don’t.
Explain why 'time, place, and manner' restrictions exist.
To balance free speech with safety and appropriate audiences/context.
Explain the difference between 'false light' and 'libel.'
False light is misleading but not necessarily defamatory; libel is false and defamatory.
Name two types of Invasion of Privacy in which the defense of 'consent' DOES allow publication.
Consent allows publication or use of likeness in both misappropriation and intrusion.
Explain how 'actual malice' must be proven in a libel case.
Journalist knew statement was false or acted with reckless disregard for the truth--shoddy or sloppy or incomplete reporting. Did not verify facts.
Give a real-world example of potential libel in journalism and explain why it qualifies.
Example varies; must include false statement of fact, publication, and harm.
Posting on social media is always protected speech under the First Amendment. Give examples.
No, not always—speech may violate laws (e.g., threats, libel).
A celebrity sues after paparazzi sneak onto their property with a drone. Which privacy law applies, and why?
Answer: Intrusion—using technology to invade private space.
If you use 'newsworthiness' as legal defense in an invasion of privacy case, the story should likely have which element of news.
IMPACT on public interest vs. privacy.
A YouTuber with 5 million followers is sued for libel, do they count as a public figure?
Why or why not?
Likely yes—large following makes them subject to public scrutiny.