defamation Essay

12. New York Times v Sullivan (502)- First off you need to know that libel is the written defamation of character. A person who believes their name and character have been harmed can sue. In this case, the supreme court declared that freedom of the press takes precedence—at least when the defamed individual is a public official.

In common law, defamation in writing is classified as Libel, and oral defamation as Slander” There are four elements of defamation.

One may feel the need to give out insults or belittle another person for many reasons, for this individual has most likely had a belligerent or rough time whether it was in the past or present. In extreme cases, insults can impact an individual's identity in several ways. For instance, in the short story Lifeguard, Chris specifically states that Mike was persistent and didn’t take insults too harshly. If Mike was to take the countless insults Chris has said to him personally, it could potentially result in

Even though hate speech can be damaging to the targeted victims, it still cannot be set to a standard or principle because it is hard to define what is and is not hate speech. Hate speech is so wide-ranging and vast, no limit can be set to regulate it. What some groups may consider to be hateful and demeaning, others groups deem to be their founding principles and beliefs. A study taken place at University of Colorado quotes, "Often, when hate speech prohibitions are in place, people engaged in serious intergroup conflicts simply refuse to talk at all, preventing constructive problem solving and allowing tensions to build." American Civil Liberties Union suggests the best way to counterattack hate speech is to not censor it, but to respond with more moral speech. ACLU goes by the principles that the rights of free speech are indivisible:

Hate crimes has become an increasing problem here in the united states ranging from racial hatred to gender discrimination but what are hate crimes? According to Dr. Jack McDevitt, a criminologist at Northeastern University in Boston Hate crimes are message crimes, Hate crimes are defined as crimes that are violent act against people, property, or organizations because of the group to which they belong or identify with. The coined term “hate crimes” was first used No matter how many different definitions there are for hate crimes but we all can agree that hate crimes are wrong and immoral. But within hate crimes they are many different types of hate crimes. One of the main reasons that people commit hate crimes would

o Defamation – An intentional tort. The reputation of the victim is damaged publicly by untrue statements made by the tort-feezer.

The jury in Alabama agreed with Sullivan and found that the libelous action was in breach of Constitutional protections of speech and press. The jury in the circuit court awarded Sullivan five hundred thousand dollars in damages. This was the initial ruling against the New York Times who had lost. Sullivan had claimed he was libeled in the advertisement called Heed Their Rising Voices. In the libel action claim Sullivan the third paragraph in the advertisement read as follows “In Montgomery, Alabama, after students sang “My country tis of thee” on state capitol steps, their leaders were expelled from school and, truckloads of police armed with shotguns and tear gas ringed the Alabama State College Campus. When the entire student body protested by

<br>As hate crimes have risen in number during the past five years; many state governments have attempted to prevent such crimes by passing laws called bias laws. These laws make a crime that is motivated by hatred based on the victim's race, religion, ethnic background, or sexual orientation a more serious crime than such an act would ordinarily be. Many people believe that these laws violate the criminal's freedom of speech. Many hate group members say that freedom of speech is the right to say or write or publish one's

The majority consisted of Justice Earl Warren, Hugo L. Black, William O. Douglas, Tom C. Clark, John M. Harlan II, William J. Brennan, Jr., Potter Stewart, Byron R. White, and Arthur J. Goldberg. The majority opinion was made by William J. Brennan, to protect the right to freedom of expression in the First Amendment, the Court rule that the criminal libel law should follow the same standards as civil libel law. True statements regardless of its malicious value will not be considered libel. While statements that are intentionally false or created with a rash disregard for the truth are considered to be libel and can be punished by the law. The restriction was modeled from a prior case, New York Times v. Sullivan, freedom of speech protection should not be exercise separately to a civil libel statute than to a criminal case. The Court concluded that the Louisiana Criminal Defamation Statute was unlawfully broad and that it breaches the protections of the First Amendment’s free

Libel tort law is defamation to a person’s reputation by print, signs, effigies, pictures, writing or any communication. The California court decided that because this article was

28. Slander -The action or crime of making a false spoken statement damaging to a person's reputation

To sum, the case is about an advertising the newspaper included some inaccurate story about the civic leaders, civil right events, and Sullivan. Sullivan (a public official) believed that the defamatory comments that were made of him were making a negative impact on his life, thus he sued the New York times. The court in Alabama at the time ruled “The law … implies legal injury from bare facts of publication itself, falsity and malice are presumed, general damages no need to presume.” Thus, the court from Alabama gave Sullivan a compensation of five hundred thousand dollars. New York times decided to take this case to the supreme court because they believe their 1st amendment rights were being violated. Therefore, a new question arose whether the first amendment protects defamatory, false statements concerning public officials? The court ruled that the 1st amendment does protect the publication of all statements, even false ones, concerning the conduct of a public official except when the statement was made with actual malice. Once again, we notice the irony of freedom of speech the issue is citizens are not informed that under the 1st amendment there is sufficient rights guarantee. It is not solely having the right to express our emotions towards the government, it is to expose information to citizens and have the citizens decided for themselves. Democracy does not work if the government or public official try to hide information from its citizens. Democracy function when there is a clear majority of press that expose the truth and allow people to determine what the issue is. Press must be able to protect us against an overreaching government. Sometimes executive power tries to control the press because they do not want to inform the truth about that for example the Watergates scandal, Edward Snowden, Wiki leaks and

The Plaintiff, Sullivan, was one of three Commissioners of Montgomery, Alabama who sued the Defendant, the New York Times, for printing and releasing an full page ad about the civil rights movement taking place in the south that defamed Sullivan. The ad was called "Heed Their Rising Voices" and it caused a "wave" of terror that had been directed against those who took place in the civil rights movement in the South. Some of the facts were false. The ad didn't single handily point out Sullivan, he claimed that it referred to him indirectly because he had oversight responsibility of the police. The Defendant stated that they didn't have any reason or proof to say the facts were false. No one put out the extra effort to see if the facts were false

Hate crimes are not a new concept for society, because hate crimes have always been around. While the study of hate crimes and the laws that have been passed because of hate crimes is relatively new, hate crimes have always been around. Hate crimes were committed as far back as the 1800’s and even back to The Civil War. Hate crimes are prevalent in society today just like they were in the past; because whether the crimes are aimed towards Muslims, the gay community, or any other minority group; they are fueled by something that every person has come into contact with- prejudice. Prejudice is defined as a preconceived thought or opinion about someone. While prejudice can be positive, in the concept of hate crimes they are negative feelings,

The four elements of defamation are: (1) publication of a false statement of fact by third party (2) that was defamatory concerning the plaintiff (3) with the requisite degree of fault and (4) damages, in some cases. This type of action would most likely not be appropriate