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DEFAMATION OF   The Law and
                                     How It Has
                        CHARACTER    Progressed




By Danielle Turner
December 3, 2012
THE FIRST AMENDMENT

 “Congress shall make no law respecting an establishment of
  religion, or prohibiting the free exercise thereof; or abridging
  the freedom of speech, or of the press; or the right of the
  people peaceably to assemble, and to petition the government
  for a redress of grievances .”
WHAT IS DEFAMATION?
 Defamatory speech is defined as “untrue declarations about
  private citizens that might damage their reputations”
  (Straubhaar, 447).
 Libel is defamatory speech that is written.
 Slander is defamatory speech that is spoken.
 http://www.youtube.com/watch?v=9tg8FnWO -Ck
Defamation is extremely   HOW TO
                           PROVE
 hard to prove in court.   DEFAMATION
                           OF
 The following link        CHARACTER

 explains why.
http://www.youtube.com
 /watch?v=Xpzybcswpxw
DEFAMATION OF CHARACTER IS ILLEGAL, BUT
HOW HAS IT BEEN DETERMINED THROUGHOUT
              THE YEARS?
 New York Times v. Sullivan                 AP v. Walker and Curtis
   In the year 1960, the civil rights        Publishing v. Butts
    groups ran an ad in the New York
    Times that contained errors in             These two cases presented in
    reporting the abuse that had been           1967, extended the Sullivan ruling
    inflicted upon protestors in the            on “actual malice” to cover well -
    South. “The ad made Southern                known public figures, not just
    authorities look violent and criminal       governmental public official
    – so L.B. Sullivan, police                  (Harrower, 145).
    commissioner in Montgomery, Ala.,          Walker sued The Associated Press
    sued the Times for libel” (Harrower,        for a story that claimed he
    145).                                       encouraged a riot. But, since the
   Sullivan lost his case because the          story was written under deadline
    Supreme Court ruled that “debate on         pressure, the court ruled that the
    public issues should be uninhibited,        errors the article had were
    robust and wide open.                       inadvertent (Harrower, 145).
   Basically, if your going to be in
    politics or in the public view, you
                                               Butts filed a libel suit after The
    ought to be tough enough to handle          Saturday Evening Post alleged he‟d
    criticism no matter how mean or             fixed a game. Since the
    untrue it is.                               “sloppy reporting had ignored
                                                warning of inaccuracy,” the court
                                                ruled that this was actual malice
                                                (Harrower, 145).
ACTUAL MALICE?
 Malice as defined                        Malice as defined
by dictionary.com…                         by media law…
 According to                           According to media law
  dictionary.com, malice                  and ethics, actual malice
  is “ill will, spite,                    is knowing that what one
  spitefulness; animosity,                is printing is false and
                                          blatantly disregarding the
  enmity; malevolence;
                                          truth and, therefore,
  venom, hate, hatred;
                                          meaning actual harm to
  bitterness, rancor.”                    the person or group the
                                          defamatory speech is
                                          about.
    http://www.youtube.com/watch?v=40OaEWVNOjg
    Please follow link to hear a short song on actual malice!
COURT CASES CONTINUED…

 Gertz v. Welch                         Hutchinson v. Proxmire
   This Supreme Court decision            “ Sen. William Proxmire used
    made it so that private citizens        to hand out „Golden Fleece
    do not have to prove actual
    malice. They need only to prove
                                            Awards‟ to agencies guilty of
    negligence.                             wasting tax dollars. In 1975,
   “In 1973, attorney Elmer Gertz          he gave an award to Ronald
    sued Robert Welch‟s                     Hutchinson, a monkey
    conservative magazine for libel         researcher at a hospital.”
    after it called Gertz a                “Hutchinson sued Proxmire
    „Communist‟ for representing            for libel and won. The Court
    clients who sued the police. The        ruled that Hutchinson was not
    Court ruled that Gertz‟s rights
    had been violated because,              a public figure and his
    though well known, he was still a       research was not a matter of
    private citizen, not a public           public controversy.
    figure” (Harrower, 145).
   http://www.youtube.com/watch?
    v=aHzAYVkbxzs
http://www.youtube.com/w
 atch?v=-QYLHQ5qydo             Po lit ic al
                                C o r re c t nes s h a s
                                i n fringed u p o n
Follow the link above to see   the rights of
                                Fr e edo m o f
                                S p e e c h i n m a ny
 the video on a boy who got     p l a c es s u c h a s
                                s c h o o ls a l l
 in serious trouble for         a c ro s s t h e U S A .

 making a stand against
 homosexuality at his public
 high school.
WORKS CITED

 http://dictionary.reference.com /
 Harrower, Tim. Inside Repor ting: A Practical Guide to the Craf t
  of Journalism. 3rd edition. New York City: McGraw Hill
  Company , 2010. Print .
 Straubhaar, Joseph, Robert LaRose, and Lucinda Davenport.
  Media Now: Understanding Media, Culture, and Technology .
  7th edition. Boston: Wadsworth Cengage Learning, 2012.
  Print.
 All videos are courtesy of www.youtube.com

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Mass communications final project danielle turner

  • 1. DEFAMATION OF The Law and How It Has CHARACTER Progressed By Danielle Turner December 3, 2012
  • 2. THE FIRST AMENDMENT  “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances .”
  • 3. WHAT IS DEFAMATION?  Defamatory speech is defined as “untrue declarations about private citizens that might damage their reputations” (Straubhaar, 447).  Libel is defamatory speech that is written.  Slander is defamatory speech that is spoken.  http://www.youtube.com/watch?v=9tg8FnWO -Ck
  • 4. Defamation is extremely HOW TO PROVE hard to prove in court. DEFAMATION OF The following link CHARACTER explains why. http://www.youtube.com /watch?v=Xpzybcswpxw
  • 5. DEFAMATION OF CHARACTER IS ILLEGAL, BUT HOW HAS IT BEEN DETERMINED THROUGHOUT THE YEARS?  New York Times v. Sullivan  AP v. Walker and Curtis  In the year 1960, the civil rights Publishing v. Butts groups ran an ad in the New York Times that contained errors in  These two cases presented in reporting the abuse that had been 1967, extended the Sullivan ruling inflicted upon protestors in the on “actual malice” to cover well - South. “The ad made Southern known public figures, not just authorities look violent and criminal governmental public official – so L.B. Sullivan, police (Harrower, 145). commissioner in Montgomery, Ala.,  Walker sued The Associated Press sued the Times for libel” (Harrower, for a story that claimed he 145). encouraged a riot. But, since the  Sullivan lost his case because the story was written under deadline Supreme Court ruled that “debate on pressure, the court ruled that the public issues should be uninhibited, errors the article had were robust and wide open. inadvertent (Harrower, 145).  Basically, if your going to be in politics or in the public view, you  Butts filed a libel suit after The ought to be tough enough to handle Saturday Evening Post alleged he‟d criticism no matter how mean or fixed a game. Since the untrue it is. “sloppy reporting had ignored warning of inaccuracy,” the court ruled that this was actual malice (Harrower, 145).
  • 6. ACTUAL MALICE? Malice as defined Malice as defined by dictionary.com… by media law…  According to  According to media law dictionary.com, malice and ethics, actual malice is “ill will, spite, is knowing that what one spitefulness; animosity, is printing is false and blatantly disregarding the enmity; malevolence; truth and, therefore, venom, hate, hatred; meaning actual harm to bitterness, rancor.” the person or group the defamatory speech is about. http://www.youtube.com/watch?v=40OaEWVNOjg Please follow link to hear a short song on actual malice!
  • 7. COURT CASES CONTINUED…  Gertz v. Welch  Hutchinson v. Proxmire  This Supreme Court decision  “ Sen. William Proxmire used made it so that private citizens to hand out „Golden Fleece do not have to prove actual malice. They need only to prove Awards‟ to agencies guilty of negligence. wasting tax dollars. In 1975,  “In 1973, attorney Elmer Gertz he gave an award to Ronald sued Robert Welch‟s Hutchinson, a monkey conservative magazine for libel researcher at a hospital.” after it called Gertz a  “Hutchinson sued Proxmire „Communist‟ for representing for libel and won. The Court clients who sued the police. The ruled that Hutchinson was not Court ruled that Gertz‟s rights had been violated because, a public figure and his though well known, he was still a research was not a matter of private citizen, not a public public controversy. figure” (Harrower, 145).  http://www.youtube.com/watch? v=aHzAYVkbxzs
  • 8. http://www.youtube.com/w atch?v=-QYLHQ5qydo Po lit ic al C o r re c t nes s h a s i n fringed u p o n Follow the link above to see the rights of Fr e edo m o f S p e e c h i n m a ny the video on a boy who got p l a c es s u c h a s s c h o o ls a l l in serious trouble for a c ro s s t h e U S A . making a stand against homosexuality at his public high school.
  • 9. WORKS CITED  http://dictionary.reference.com /  Harrower, Tim. Inside Repor ting: A Practical Guide to the Craf t of Journalism. 3rd edition. New York City: McGraw Hill Company , 2010. Print .  Straubhaar, Joseph, Robert LaRose, and Lucinda Davenport. Media Now: Understanding Media, Culture, and Technology . 7th edition. Boston: Wadsworth Cengage Learning, 2012. Print.  All videos are courtesy of www.youtube.com