MC 4163 SECOND EXAM STUDY GUIDE:
LIBEL PART 2
Know the definitions and rules in general and how they are applied in Oklahoma. Be able to correctly recognize and apply them in hypothetical situations.
- Understand the two categories of defamatory content. What roles do the judge and jury play in determining if the statement was defamatory?
- Can innuendo be defamatory?
- Can the libel suit be based on an isolated phrase taken out of context or must it be based on the article as a whole?
- Can a headline be the basis for a libel lawsuit?
- Is accusing someone of committing a crime considered per se defamation?
- Does the word "allegedly" shield against a libel lawsuit? What is a better approach than using the word "allegedly"?
- Which sexual references could be considered defamatory? Is the law more protective of men or women?
- Which statements about personal habits could be considered defamatory?
- Is defamatory to report that someone died?
- Which statements about a business or professional could be considered defamatory? What is the single mistake rule? How can it help the libel defendant?
- What is trade libel? How does it differ from business libel? What must the plaintiff prove to win a trade libel case?
- What is the definition of defamation in Oklahoma?
- Who determines if the content is defamatory per se?
- How is defamatory per se defined in Oklahoma?
- Is accusing someone of committing a crime considered per se defamation?
- What reasoning did courts in Ohio and Colorado use in deciding that an accusation of homosexuality should not be considered defamatory per se? Is it defamatory per se or per quod in Oklahoma? Would the Oklahoma Court of Civil Appeals' decision apply to every Oklahoma libel suit involving such an accusation?
- Can opinion and rhetorical hyperbole be considered per se defamation? Why?
- How is defamation per quod defined in Oklahoma?
- To prove per quod defamation, the plaintiff must explain what? What restriction applies to that explanation?
- Who decides if the content is defamation per quod? What does the jury decide?
- Why is the difference between the two categories of defamatory content important in Oklahoma?
- New York Times v. Sullivan (1964)
- Understand libel law before New York Times v. Sullivan (1964): Strict liability. (Page 167)
- Libel law after New York Times v. Sullivan (1964): The constitutionalizing of libel law. What is the significance of the case? (Page 167)
- What were the context and the facts of the case?
- What is the definition of actual malice?
- What were the U.S. Supreme Court's three rationales in New York Times v. Sullivan (1964)? Understand them fully.
- Which plaintiffs must prove actual malice?
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