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Doctrine of strict Liability |
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a libel defendant was responsible for harming a plantiff |
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New York Times V. Sullivan |
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(ACTUAL MALICE STANDARD ADOPTED)!!1950's-1960's - Ad in New York Times Newspaper about how Southern officials used violence to breakup peaceful protests about the civil rights movement. One of the people charging was officer Sullivan from Montgomery police Department who wanted $500,000 in damages. His name wasn't mentioned but he claimed that he could be identified with in the group. Alabama agreed but the U.S. Supreme Court Did NOT agree. They said he must prove it was false and defamtory and that they knew it was false or that the exhibited reckless disregard for the truth. They must have lied (knowledged of falsity)Or that they had been extremely careless by not examining the charges made in the statement much more carefully (disregard for the truth) |
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proof of knowledge of falsity or proof of reckless disregard for the truth is proof of actual malice. |
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must prove actual malice to win a suit |
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THe burden of proof is higher for those sueing under.... |
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What are the 3 catagories of public people? |
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*Public Officials *All-Purpose Public Figures *Limited Purpose Public Figures |
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What are the two elements of Actual Malice? |
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Definition
Proof of knowledge of falsity & Reckless Disregard for the truth |
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