1. Libel 101
A brief introduction

2. Six elements of libel
Defamation

3. Six elements of libel
Defamation
Identification

4. Six elements of libel Defamation Identification Publication
Libel versus slander

5. Six elements of libel Defamation Identification Publication Falsity
Seditious libel: “The greater the truth, the greater the libel”
John Peter Zenger trial, 1735

6. Six elements of libel Defamation Identification Publication Falsity
Injury

7. Six elements of libel Defamation Identification Publication Falsity
Injury
Fault

8. Times v. Sullivan
1964 case involving advertisement on behalf of Martin Luther King Jr.

9. Times v. Sullivan
1964 case involving advertisement on behalf of Martin Luther King Jr.
Libel suits brought by public officials could stifle free and robust debate of public issues

10. Times v. Sullivan
1964 case involving advertisement on behalf of Martin Luther King Jr.
Libel suits brought by public officials could stifle free and robust debate of public issues
For the first time, the courts decide that the media must be at fault — “actual malice”

11. What is “actual malice”?
Knowingly false

12. What is “actual malice”?
Knowingly false
Reckless disregard for whether something is true or false

13. What is “actual malice”?
Knowingly false
Reckless disregard for whether something is true or false
This new standard applied to public officials — later to public figures, too

14. Fault and private figures
Libel was previously a “no fault” tort

15. Fault and private figures
Libel was previously a “no fault” tort
Supreme Court briefly applied the “actual malice” standard to private figures

16. Fault and private figures
Libel was previously a “no fault” tort
Supreme Court briefly applied the “actual malice” standard to private figures
Finally arrived at the “negligence” standard

17. What is negligence?
Failure to exercise the care that a reasonable person would show in verifying truth

18. What is negligence?
Failure to exercise the care that a reasonable person would show in verifying truth
What about relying on police reports?

19. Libel defenses
Truth
Journalism is protected if it is “substantially” true

20. Libel defenses Truth “Fair report” privilege
Public officials’ libelous comments may only be quoted if uttered in a public, official setting
Knowledge of falsity can negate this defense
Lawsuits and other public documents may be quoted from without penalty

21. Libel defenses Truth “Fair report” privilege
Fair comment and criticism
Does not protect provable assertions of fact
Protected: It is my opinion that Smith is a jerk
Not protected: It is my opinion that Smith is a drug addict

22. Libel defenses Truth “Fair report” privilege
Fair comment and criticism
“Wire service” defense
A news organization can’t be successfully sued for running a libelous wire-service story
Unless news organization has knowledge that story is false

23. “12 Steps for Avoiding Libel Suits” (p. 572)
Fully identify all sources
Complete name with middle initial
Age
Address

24. “12 Steps for Avoiding Libel Suits” (p. 572)
Fully identify all sources
Always obtain comment from those who are attacked or criticized

25. “12 Steps for Avoiding Libel Suits” (p. 572)
Fully identify all sources
Always obtain comment from those who are attacked or criticized
Be thorough in finding sources and reviewing documents

26. “12 Steps for Avoiding Libel Suits” (p. 572)
Fully identify all sources
Always obtain comment from those who are attacked or criticized
Be thorough in finding sources and reviewing documents
Be careful with confidential sources
Try to avoid using them
Never use them to attack someone

27. “12 Steps for Avoiding Libel Suits” (p. 572)
Fully identify all sources
Always obtain comment from those who are attacked or criticized
Be thorough in finding sources and reviewing documents
Be careful with confidential sources
Don’t rush a non-breaking-news story