09s_brandongoode

7/30/2019 09s_brandongoode

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Media Law Online:

Defamation

Brandon Goode

JOUR 3500


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Materials Read

http://www.lawyers-media.com/guide/subs.htm

http://www.eff.org/issues/bloggers/legal/liability/defamati

on

Stovall, J. (2004).Web Journalism: Practice and

Promise of a New Medium. Boston, MA: Pearson

Education, Inc.
http://www.lawyers-media.com/guide/subs.htmhttp://www.eff.org/issues/bloggers/legal/liability/defamationhttp://www.eff.org/issues/bloggers/legal/liability/defamationhttp://www.eff.org/issues/bloggers/legal/liability/defamationhttp://www.eff.org/issues/bloggers/legal/liability/defamationhttp://www.lawyers-media.com/guide/subs.htmhttp://www.lawyers-media.com/guide/subs.htmhttp://www.lawyers-media.com/guide/subs.htm


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Cont.

Is there a difference between reporting on public and

private figures?

Yes. A private figure claiming defamation only has to prove you

acted negligently and a public figure must show actual malice.

Who is a public figure? Is someone who has actively sought to influence the resolution

of the matter.

What is a fair and true report?

A report that captures the substance, gist, or sting of theproceeding.


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Cont.

What is Libel Per Se?

Libel is clear and without the need for any explanatory matter.

What is the difference between libel and slander?

Libel is written defamation and slander is spoken defamation.

What are the defenses to defamation claims?

Justification, fair comment, privilege, malice, secondary,

responsibility, offer of amends, limitation, consent to publication,

and accord and satisfaction (waiver).

What is the most important thing to remember about anydefamation?

Information must always be false.


6/17

Morgenstern v. Fox Television

Stations, Inc.

Background:

David Morgenstern (Plaintiff) had been employed at the

Pennsylvania Convention Center Authority (PCCA) for more than

10 years and was serving as Acting Director of Event Services.

On April 6, 2007, Morgenstern was summoned to the offices ofAlbert Mezzaroba (Defendant) where he was informed that

someone had complained to PCCA that Morgenstern had

inappropriate internet contact of a sexual nature with his 15-

year-old daughter.

Mezzaroba offered Morgenstern the option of resigning or takinga family-medical leave of absence while an investigation into the

allegations was completed.


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Background cont.

Mogenstern submitted a written request for a leave of

absence to Sylvia Carrasquillo the next day.

John Dougherty (Defendant) of the International

Brotherhood of Electrical Workers (IBEW) learned

about the allegations between April 6, 2007 and June

11, 2007 and admitted to passing along the

information about the investigation to defendant Jeff

Cole of defendant Fox 29.

Cole recorded an unannounced interview atMorgensterns home on June 11, 2007 and the report

ran that night in the Fox 29 evening news broadcast.


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Background cont.

On June 22, 2007, the Philadelphia Daily News ran the Article

written by Dave Davies and Gar Joseph regarding the

allegations against Morgenstern and was advertised on the front

page as Sexcapade at the Convention Center.

On July 2, 2007, Carrasquillo abruptly terminatedMorgensterns employment for violations of the computer-use

policies without stating any conclusions about the nature of his

conduct with the woman or any conclusions about her status as

a minor.

On July 5, 2007, Cole ran a follow-up report on the Fox 29

evening news and Morgenstern alleged that the report also

portrayed him as having had inappropriate contact with a minor

and that the prior allegations against him had been confirmed by

his termination.


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Case cont.

Arguments:

Defamation/Defamation per se

Plaintiff in a defamation action must prove that 1) the

communication was defamatory, 2) publication by the defendant, 3)

the communication applies to plaintiff, 4) recipient understandscommunications defamatory meaning, 5) recipient understands the

communication is intended to apply to plaintiff, 6) harm resulted to

plaintiff from the publication, and 7) abuse of a conditionally

privileged occasion.

Defendant bears the burden of proving 1) the truth of the

defamatory communication, 2) the privileged character of thepublication, and 3) that the subject matter was of public concern.


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Case cont.

Final outcome:

IBEW and media defendants motions to dismiss on the counts

of defamation/defamation per se and false light invasion of

privacy were denied

IBEW and media defendants motions to dismiss on the countsof intentional infliction of emotional distress was granted

Judgment ruled in favor of the Defendants.


12/17

Sabeen Khawaa

What are the 2 kinds of defamation?

Slander and Libel.

Which type of defamation, slander (oral) or libel (written)

is more damaging to a persons reputation? Why?

Libel because written defamations are easier to access.

What is a persons reputation?

Gives a person an identity or image.

Why is a reputation regarded as something a person

owns?

Seen as something that is materialistic.


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Cont.

What would you consider to be a danger area that one

should be aware of?

Being accused of fraud or being a fraud.

Can truth be a defense to a defamation claim? Why?

Yes, but you need proof for the truthfulness in order for it to

work.

What is a defamatory allegation?

Something that damages a persons reputation (verbal or

written).

What does publication mean?

Making something available to the public.


14/17

Richard Du


Slander and Libel.



Both because oral defamation spreads quickly and written

defamation can become oral defamation.


Persona one conveys to the public.

Why is a reputation regarded as something a personowns?

Not a tangible item but can still be seen easily.


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Cont.


should be aware of?

False accusations/rumors.


Yes because it overrides the accusation.


Statement with no proof.

What does publication mean?

Taking something said orally and putting it on paper and making

it accessible to the public.


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Andrew Wilson


Slander and Libel.



Libel because there is physical evidence.


What other people think of you.

Why is a reputation regarded as something a person

owns?

Actions influence the reputation and the reputation is yours

alone.


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Cont.


should be aware of?

Accusing someone of having a deadly disease.


No because there are thing that if said, even the truth, that can

still damage a reputation.


Falsely accusing someone of doing something inappropriate.

What does publication mean? Documented evidence.

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