1. What is the significance of Times v. Sullivan:Next week, finish "Make No Law," and bring the "AP Stylebook" to class. We'll bring First Amendment law and the rules of libel up to date. We'll also (this by popular request in our one-minute, three-question midsemester questionnaire) tell you what you can and can't say in print today without getting sued for libel.2. What were the rules of libel law for working journalists before Times v. Sullivan?
- In American history?
- To lawyers?
- To working journalists?
- To you?
3. What is "actual malice," and how did it change the rules?
4. How could you cover Illinois statehouse politics if Times v. Sullivan hadn't been decided the way it was?
A weblog for Pete Ellertsen's mass communications students at Benedictine University Springfield.
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Thursday, February 28, 2008
COMM 317: Times v. Sullivan, wrapping it up
Here are some questions to think about ... and talk about ... then think about some more ... 'cause they'll never be completely answered ... but they'll never go away, either. Questions like this are somewhat interrelated, often in odd ways, so you may wind up thinking about one question while you're thinking about another. You may wind up contradicting yourself, too. That doesn't necessarily mean you don't understand the case!
1. What is the significance of Times v. Sullivan:
ReplyDelete• In American history? Opening up civil rights reporting, due process, actual malice.
• To lawyers? Get to argue more; but some more restrictions
• To working journalists? Get to say some negative things (as facts) without fearing as many lawsuits
• To you? Not much.
2. What were the rules of libel law for working journalists before Times v. Sullivan?
Restricted reporting of civil rights cases in southern U.S. And it was easier to claim defamation or libel for whatever reason.
3. What is "actual malice," and how did it change the rules?
During time of trial, didn’t have to prove actual malice to collect damages… so made it feel like publishers had to check all the facts in everything they published.
4. How could you cover Illinois statehouse politics if Times v. Sullivan hadn't been decided the way it was?
Wouldn’t be any reporting about politics in IL… since you pretty much couldn’t say anything bad.