Libel: Summary Judgment

Summary Judgment - a judgment is granted to a party in a lawsuit when the pleadings and other materials in the case disclose no material issue of fact between the parties

All facts of the case must be agreed upon for a summary judgment to be made

Libel: Summary Judgment

Procedure for Summary Judgment:

Plaintiff makes initial written allegations to the court

Defendant may argue for a summary judgment if:

The plaintiff has failed to prove what is necessary to sustain the libel suit

There is a legal defense that blocks the suit

Libel: Summary Judgment

Procedure for Summary Judgment:

Court determines if a reasonable juror, acting reasonably, could find in favor of the plaintiff

If “yes” could find in favor of the plaintiff, case goes to trial

If “no” could not find in favor of the plaintiff, a summary judgment is granted

Libel: Statute of Limitations

Statue of Limitations – a law that requires that a legal action must begin within a specified period of time

For libel, statutes of limitations vary from state to state

Most often one or two years

Libel: Statute of Limitations

A Statute of Limitations Begins When:

The material is published or broadcast for the first time

For magazines, the statute of limitations begins the day the magazine is distributed to a substantial portion of its audience, not the date printed on the publication

Republication?

Libel: Jurisdiction

A libel suit can be brought in any state in which the libel has been circulated regularly

Venue Shopping – choosing a state that has laws favorable to your legal action

Keeton v. Hustler (1984) She’s in New York, Hustler is in Ohio, she sues in

New Hampshire (6 year statute of limitations) Upheld as not only the subject, but the readers

are damaged.

Libel: Jurisdiction and the Internet

The U.S. Supreme Court has passed on at least three cases involving libel jurisdiction and the Internet

Lower courts are still sorting out where Internet-based libel suits can or should be heard

Privileged Communications

Absolute Privilege - immunity from libel suits granted to government officials and others based on remarks uttered or written as part of their official duties

Privileged Communications

Qualified Privilege – protection granted to journalists reporting on privileged communication

A media outlet is protected by qualified privilege if:

The material comes directly from the report of a privileged proceeding or document

The material is a fair and accurate summary published or broadcast as a report of the proceedings or documents

Privileged Communications

Neutral Reportage - it is permissible to publish an accurate account of information about a public figure from a reliable source even when the reporter doubts its truth

Only upheld in a handful of courts; not the legal standard nationwide

Must be newsworthy or associated with public controversy

Must be made by a prominent and responsible source Must be accurate and neutral Must be about a public official or figure

Protection of Opinion

Rhetorical Hyperbole - language so exaggerated the reader or listener knows it is only an opinion

Protection of Opinion

Milkovich Standard – pure opinion is a statement incapable of being proven true or false

Protection of Opinion

The Ollman Test:

Can the statement be proved true or false?

What is the common or ordinary meaning of the words?

What is the journalistic context of the work?

What is the social context of the remark?

Protection of Opinion

Fair Comment and Criticism

The common law defense for opinion. Lawyers tend to rely on Constitutional defenses now.

Is it an opinion?

Is it a subject of legitimate public concern?

Is there a factual basis for the comment?

Libel Defenses

Consent

An individual cannot sue for libel if he/she gave permission for the publication of the defamatory material

Libel Defenses

Right of Reply

An individual can libel the one who libeled him/her but it must be equal in magnitude and effect

Not accepted by many courts

Damages

Actual damages - damages for actual injury

to reputation standing the community monetary loss personal humiliation mental suffering and anguish

Damages

Special Damages – a specific monetary loss as the result of libel

Most common in trade libel

Damages

Presumed damages – damages a plaintiff can receive without proof of injury or harm

Usually occurs when the matter is of public, not private concern

Damages

Punitive Damages – damages that punish the defendant for misconduct and warn others not to act in a similar manner

Big Money, Big Prizes!

Banned in several states

Retraction Statutes

Retractions - a statement published to retract or correct previously published libelous material

33 states have retraction statutes

Under a typical retraction statute, a publisher must be given an opportunity to retract a libelous comment before a suit can begin

Can reduce, and sometimes even cancel damages awarded

Criminal Libel

Founded on the theory that the state should sometimes act on behalf of the injured party of the libel and bring criminal charges

Justification for state action – to prevent the injured party from taking violent action

Usually related to politics

Not Common only 17 states, as of 2003