First Amendment to the Constitution

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.

First Amendment -- 1791

Congress shall make no law...

abridging the freedom of speech,

or of the press, ….

Access to Information

Freedom of Information Act - Federal

Government agency information(city council, school board, Federal agencies)

Government in Sunshine Act - Federal

Federal agency meetings to be open

Open Meetings Acts - State

Public agency meetings to be open (city council, school boards)

Definition of Libel

Defamation of character,a statement that exposes

someone to ridicule,a statement that damages

someone in his/her profession

Libel vs. Slander

LIBEL - Printed

Most broadcasting treated under libel law

SLANDER - Spoken

Potentially Libelous Statements

Accusing someone of professional dishonesty or incompetence

• Accusing someone of a crime

• Accusing someone of having a mental illness

• Accusing someone of associating with a disreputable organization

The statement must:

defame the person

identify the person

be published or broadcast

A private citizen must prove:

that the public statement about them was false

• that damages or injury occurred (harm to reputation, loss of job, etc.)

• that the publisher/broadcaster was negligent

A public official or figure must prove:

• that the statement was false

• that damages or injury occurred (harm to reputation, loss of job, etc.)

• that the publisher/broadcaster was negligent

• that the publisher/broadcaster acted with actual malice

ACTUAL MALICE(must be proved by public figures, officials)

The reporter or editor knew the statement was false but broadcast/printed it anyway,

OR

acted with a reckless disregard for the truth.

DEFENSES against libel charges

Truth

• Privilege

• Fair comment and criticism

DEFENSES against libel charges

TRUTH

• PRIVILEGE - Can report official proceedings, official information

• FAIR COMMENT/CRITICISM Can express opinions on public issues, public officials, public figures

Are the following libelous?Is there a defense?

1. John Smith, 35, 1842 S. Main St., Anytown, IL has been charged with second degree murder.

2. “John Smith is a cold-blooded killer,” the prosecuting attorney said.

Are these libelous?

3. Molly Entertainer is a poor excuse for an actress. (in a column)

4. Joe Politician, candidate for mayor, is incompetent and a liar.

5. Carol Burnett was obnoxiously drunk in a restaurant.

INVASION OF PRIVACY

Four ways to invade privacy

Intruding on person’s physical or mental solitudePublishing or disclosing embarrassing personal facts.Giving some publicity that places a person in a false light.Using someone’s name or likeness for commercial benefit.

Physical or mental solitude

OK to photograph on a public street or at a public event.Release form signed if in a private situation.Galella vs. Onassis: Photographer ordered to stay away from her and her family

Embarrassing Personal Facts

Personal facts used must be newsworthy.ONLY DEFENSEPublic officials have little legal protection from reporting about their private lives.Public records (including court proceedings) are not private.

False Light

False light: what was implied about someone in a story is incorrect.HOW TO AVOID FALSE LIGHT CASES:Portray events and people truthfully.

Right of publicity

Permission must be given to use someone’s name and likeness (especially important for advertising and public relations).This right continues even after a person dies.