Libel, Privacy, & Decency

Libel Definition: A false attack on someone’s reputation that appears in a media outlet and leads to a loss of one’s good name, humiliation, mental suffering, or embarrassment Libel cases are difficult “Public” v. “private” figures

Libel New York Times v. Sullivan (1964) Gertz v. Robert Welch (1974) History Notion of “actual malice” Proving actual malice Gertz v. Robert Welch (1974) Private figures and “negligence” How the media can defend itself against libel

Invasion of Privacy Intrusion on a person’s physical or mental solitude California law, 2005: Illegal “to physically invade the privacy of the plaintiff with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity and the physical invasion occurs in a manner that is offensive to a reasonable person.”

Invasion of Privacy Publishing or disclosing embarrassing personal facts Publishing information that places someone in a false light Using someone’s name or likeness for commercial benefit

Indecency & the Media FCC’s decency standard Definition: “Language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community broadcast standards for the broadcast medium, sexual or excretory organs or activities”

Indecency & the Media FCC’s “profane” standard Definition: “Language that denotes certain of those personally reviling epithets naturally tending to provoke violent resentment or [is] so grossly offensive to members of the public who actually hear it as to amount to a nuisance” Bono at Golden Globes (2003)

Indecency & the Media Super Bowl in 2004 FCC actions Effects on media Broadcast Decency Enforcement Act (2005) “Fleeting” incidents U.S. Appeals Court (2010) Supreme Court (2012) Effects on media

Military & Press

Prior Restraint Prior Restraint Framers of Constitution viewpoint Near v. Minnesota (1931) Status of prior restraint in 1800s The case Implications of ruling

Vietnam (1960s-70s) Traditional media support U.S. media coverage early on and shift Lessons for government and military

Gulf War (1991) Escorted press pools Daily news briefings Tell press nothing Public Opinion v. press opinion

Afghanistan War (2001) Internet age Government plan: Limit information and press mobility Benefits for U.S. and allies U.S. news media v. government

Iraq War (2003) Embedded reporters Public opinion shift

Wikileaks (2006) Organization characteristics 2010 postings Internet environment