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Defamation and Criminal Libel. JOUR3060 Communication Law & Regulation. DEFAMATION. Defamation is 1) a defamatory statement or utterance, 2) of and concerning the plaintiff, that has been 3) published to a third party, and results in 4) damages. DEFAMATION. - PowerPoint PPT Presentation
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Defamation and Criminal Libel
JOUR3060 Communication Law & Regulation
DEFAMATION Defamation is 1) a defamatory statement or
utterance, 2) of and concerning the plaintiff, that has been 3) published to a third party, and results in 4) damages
DEFAMATION 1) a defamatory statement or utterance
Slander Libel
Criminal Civil
DEFAMATION 2) of and concerning plaintiff
DEFAMATION 3) published to a third party
DEFAMATION 4) damages
DEFAMATION Who is liable?
1) 2) 3)
What is the Burden of Proof? Must prove: 1) 2) Public Persons: Private Persons / Public Matter:
DEFAMATION What are the defenses to defamation?
1) 2) Absolute Privilege 3) Qualified Privilege
Absolute Privilege 1) 2) 3)
Qualified Privilege 1) 2) 3) 4) 5)
DEFAMATION CRIMINAL Libel
- how take action - standard of proof - punishment
CIVIL Libel - how take action - standard of proof - punishment
CRIMINAL LIBEL Beauharnais vs. Illinois (1952) New York Times vs. Sullivan (1964) Garrison vs. Louisiana (1964) Brandenburg vs. Ohio (1969)
Imminent Lawless Action Test 1) 2) 3)
CRIMINAL LIBEL IN GEORGIA Williamson vs. State (of Georgia) (1982)
GA. Code 16-11-40 Criminal defamation: (a) A person commits the offense of criminal defamation when, without a privilege to do so and with intent to defame another, living or dead, he communicates false matter which tends to blacken the memory of one who is dead or which exposes one who is alive to hatred, contempt, or ridicule, and which tends to provoke a breach of the peace. (b) A person who violates subsection (a) of this Code section is guilty of a misdemeanor.
New York Times vs. Sullivan (1964) New York Times vs. Sullivan animation: https://www.youtube.com/watch?
v=VQBO5PHguZc
Klobuchar & Kagan Discuss New York Times v. Sullivan
https://www.youtube.com/watch?v=tXnK1u0HkYQ
For next class:
Monday 2/24 Exam #1 returned Topic: Civil Libel Assignment: Read Hopkins Ch6, Lisby Ch2