NEWS 409 Lecture Notes - Lecture 12: Public Figure, Elmer Gertz, Official
5 Feb 2019
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Document Summary
Defamation is a category of speech not protected by the first amendment. Tort: a wrongful act or infringement on someone"s rights causing a civil legal liability. In other words, a tort is a violation of civil law, often leading to a lawsuit. The burden of proof is on the plaintiff in a libel case. Balancing free speech and the right to be critical of government and public figures with one"s right to protect their reputation. It"s difficult for a plaintiff to prove libel: Plaintiffs must prove five elements to win the case against the accused. If all five elements cannot be proven the case is dismissed. Defamation: a false statement of fact about the plaintiff that is communicated by the defendant to a third party which harms the plaintiff"s reputation. Actual malice: defendant is a public figure or public official. Defamatory: focus on the words, do they cause harm to the plaintiff"s reputation: defamatory.
