JOUR 302 Lecture Notes - Lecture 4: No Alternative, Punitive Damages, Mens Rea
Document Summary
90% of media is owned by 6 corporations. Increase profits, eliminate local reporters, national feed instead. Fair comment and criticism (parody): common law defense to protect free expression of opinion of public performances & politicians who thrust themselves into public limelight -- public, but not private, performances but some states cover both. Opinion vs. factual statement: if topic is of public concern, plaintiff must prove falsity; if opinion, there is no true or false that can be proven. Factors used to determine fact statement form opinion: Verifiability of statement: if it can"t be verified, it"s not a fact. Literary context in which statement is made: court will look at publication, style, intended audience to determine fact or opinion. Public context of statement: venue where statement made (in public or private) Caustic personality defense: public expectations of speaker being bombastic, dramatic, hyperbolic language) What the person says is just a show/for entertainment, no one actually believes what they say.
