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Defamation and Libel in Journalism
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Retraction
Withdrawal of a defamatory statement, sometimes used to limit damages in a defamation lawsuit. Example case: Ringgold v. Cox Enterprises, Inc. (1988) where retraction played a part in the court's findings.
New York Times Co. v. Sullivan
A landmark 1964 Supreme Court case that established the 'actual malice' standard for defamation of public officials. Required plaintiffs to prove the publisher knew the statement was false or acted with reckless disregard for the truth.
Slander
The action or crime of making a false spoken statement damaging to a person's reputation. Example case: Milkovich v. Lorain Journal Co. (1990), exploring whether a statement of opinion could be actionable as slander.
Per quod
A defamation claim that requires additional information, not contained within the statement itself, to show its defamatory meaning and the resulting harm. Example case: Milkovich v. Lorain Journal Co. (1990), where the context of the statement made it defamatory.
Public Disclosure of Private Facts
Publishing information about someone's private life that is not of public concern and which a reasonable person would find offensive. Example case: Virgil v. Time, Inc. (1975), where a magazine published a disabled person's life details.
Trade Libel
Written defamation against the goods or services of a company causing financial loss. Example case: Bose Corp. v. Consumers Union of U.S., Inc. (1984), dealing with defamation of a product.
Privilege
A legal right that protects certain communications from being presented as evidence in court, thus shielding them from defamation liability. Example case: Fairman v. I. Beam, SLAPP suits often confront the issue of privilege in court.
Innocent Dissemination
A defense in libel law where a party unknowingly distributes defamatory matter without negligence and is not the primary publisher. Example case: Smith v. California (1959), where a bookstore owner was found not responsible for unknowingly selling a book containing libel.
Chilling Effect
The inhibition or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction. Example case: Near v. Minnesota (1931), presenting the concept in terms of prior restraint.
Defamation
A false statement that injures someone's reputation. Example case: New York Times Co. v. Sullivan (1964) where the court established the 'actual malice' standard for press reports about public officials.
Libel
A published false statement that is damaging to a person's reputation; a written defamation. Example case: Hustler Magazine, Inc. v. Falwell (1988) where the magazine was sued for libel and emotional distress.
Per se
Statements that are deemed defamatory by themselves, due to falsehoods that harm the reputation of an individual in a manner that is obvious and apparent. Example case: Dun & Bradstreet, Inc. v. Greenmoss Builders (1985), where financial credit reports were considered libel per se.
Fair Comment
The legal protection for statements that are opinions, rather than assertions of fact, and which are made without malice. Example case: Ollman v. Evans (1984), where the district court discussed the balance between opinion and assertion of fact.
Actual Malice
Knowledge that a statement was false or reckless disregard of whether it was false or not. Example case: New York Times Co. v. Sullivan (1964), which required actual malice to be proven for defamation of public figures.
Section 230 of the Communications Decency Act
A part of U.S. internet legislation passed in 1996 that provides immunity for online platforms from liability for content published by their users. Example case: Zeran v. America Online, Inc. (1997), where AOL was protected under Section 230 from defamation claims.
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