Law Exam 1

Marbury vs. Madison
The case resulted from a petition to the Supreme Court by William Marbury, who had been appointed Justice of the Peace in the District of Columbia by President John Adams but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force the new Secretary of State James Madison to deliver the documents. The Court, with John Marshall as Chief Justice, found firstly that Madison’s refusal to deliver the commission was both illegal and correctible. Nonetheless, the Court stopped short of ordering Madison (by writ of mandamus) to hand over Marbury’s commission, instead holding that the provision of the Judiciary Act of 1789 that enabled Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court’s original jurisdiction beyond that which Article III established. The petition was therefore denied.Supreme Court determined it had the power to review branches of government, but court is bound by doctrine of precedent.
Miami Herald vs. Tornillo
Editors, NOT GOVERNMENT, determine what’s in the newspaper. Torillo was candidate running for office, and Miami Herald published a couple of critical editorials. Tornillo wanted to defend himself in same amount of states, but Miami Herald said they didn’t have to and won.
GItlow v. New York
Gitlow, a socialist, was arrested for distributing copies of a “left-wing manifesto” that called for the establishment of socialism through strikes and class action of any form. Gitlow was convicted under a state criminal anarchy law, which punished advocating the overthrow of the government by force. At his trial, Gitlow argued that since there was no resulting action flowing from the manifesto’s publication, the statute penalized utterences without propensity to incitement of concrete action. The New York courts had decided that anyone who advocated the doctrine of violent revolution violated the law. On the merits, a state may forbid both speech and publication if they have a tendency to result in action dangerous to public security, even though such utterances create no clear and present danger. The rationale of the majority has sometimes been called the “dangerous tendency” test. The legislature may decide that an entire class of speech is so dangerous that it should be prohibited.
Schenck v. U.S.
is a United States Supreme Court decision concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in a famous opinion by Justice Oliver Wendell Holmes, Jr., concluded that defendants who distributed leaflets to draft-age men, urging resistance to induction, could be convicted of an attempt to obstruct the draft, a criminal offense. The First Amendment did not alter the well established law in cases where the attempt was made through expressions that would be protected in other circumstances. In this opinion, Holmes said that expressions which in the circumstances were intended to result in a crime, and posed a “clear and present danger” of succeeding, could be punished.
Bradenburg v. Ohio
KKK muted journalists, burned crosses, spoke of harming Jews and blacks. Was on TV, but Ohio law said offensive TV was illegal, but Supreme Court said no clearn and present danger.
Hazelwood v. Kuhlmeier
Only in high schools. Ruled administration can decide what school newspaper posts. Had stories about divorce, pregnancies, etc. The newspaper, Spectrum, wasn’t public forum, was for a class, so board was responsible for content.
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Kincaid v. Gibson
School didn’t like theme/color of school newspaper, didn’t want published. Argued this was a public forum they couldn’t alter. Different from Hazelwood because public form, so couldn’t be controlled by school.
Hosty v. Carter
University authorities demanded prior approval of school newspaper. Does Hazelwood apply? Court ruled here it did, since university sponsored newspaper
Near v. Minnesota
J. Near editor of newspaper and wrote article saying that Jews were terrible. Government said racist and shouldn’t be published, and Supreme Court said government hadn’t met burden to show why. He had a right to publish
New York Times v. U.S.
9 separate opinions. Published parts of Pentagon Papers that had sensitive information. President tried to prevent published, but Supreme Court said Nixon hadn’t hsowed why, so no injunction given. Injunction only allowed in extreme cases.
New York Times v. Sullivan
Group of people took full page ad protesting cop brutality and other attacks against Blacks peacefully protesting. Mostly true, but had some problems. Not true about cops surrounding campus, MLK only arrested 4 times then, and cafeteria was not padlocked. Head of university said libelous because went against him. Went all the way to Supreme Court, but they said he didn’t prove well enough why these statements were against him as required by first and 14th amendments. Said papers can publish whatever they want about public officials as long as there is no actual malice. Made libel law and standard for falsifying, etc. Public officials most prove actual malice.
Curtis Publishing v. Butts
reported story that Butts fixed a football game, but source was overheard conversation and unreliable. No urgency, could have been background checked, so Curtis Pub was libelous. Curtis public figure, but had actual malice, so they were still libelous.
A.P. v. Walker
Walker known to be segregationist, charge against him by AP for trying to stop school integration. Even though untrue, AP not guilty of actual malice because of Walker’s reputation.
Gertz v. Welch
Gertz was attorney well known because of Jack Ruby murder case. Representing family of murder victim in civil trial against cop, but wasn’t involved in criminal trial although he watched it. But Welch’s magazine warned of conspiracy to take over government through cops. Accused Gertz of being a communist. Supreme Court said 1. He’s a private person 2. Not required to prove actual malice. 3. Identified 3 types of public figures: involuntary, all-purpose, and limited. Can’t mess with private persons. Punitive damage?
Milkovich v. Lorain Journal Co.
Accused of being a liar in upheld column. Wrestling coach, accused of teaching students to lie. SC said “liar” was verifiable, so couldn’t hide behind “in my opinion” because he could have verified.
Dun & Bradstreet v. Greenmoss
a Supreme Court case which held that a credit reporting agency could be liable in defamation if it carelessly relayed (i.e. published) false information that a business had declared bankruptcy when in fact it had not.Private people not involved in public matter can obtain punitive damage without proving actual malice. Private companies so no malice, but if public, would’ve been.
Di Salle v. PG Publishing
always must prove actual malice if public. Judge accused of falsely making will. Proved actual malice, got $2.2 mill
What are the sources of law?
Constitutions, Statutes, Equity Law, Common Law, Administrative Rules, and Executive Orders
federal and state levels establish the structure of government and allocate and limit government’s authority. Organizes into three branches of executive, legislative, and judicial.
: U.S. Constitution explicitly delegates power to enact statutory laws to the popularly elected legislative branch of government: Congress, state, county, and city legislatures. Legislature decades on laws to predict or attempt to prevent social problems, such as crime laws.
Equity Law
– Judges, not legislatures, make this. Based on the presumption that fairness is not always achieved through rigid application of rules. Allows judges to require or prohibit certain actions in order to achieve justice in individual cases.
Common Law
Judge-made law. Rules and principles developed through custom and precedent.
Administrative Rules
Legislative branch often delegates authority to expert administrative agencies in executive branch to interpret, enable, and implement statutory laws (Like the FCC).
Executive orders: president, governors, and mayors have limited power to issue executive orders that act as law. (Example, president decides which records are secret and for how long).
What article in the federal Constitution provides for the role of the judiciary?
Article 3
Who are the current U.S. Supreme Court justices?
John Roberts, Jr. (Chief Justice), Samuel Alito, Jr., Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan, Anthony Kennedy, Antonin Scalia, Sonia Sotomayor, Clarence Thomas
What are the qualification and terms for a federal judge?
Federal Court Jude: Nominated by president and confirmed by Senate. Hold office during good behavior, typically for life. Through congressional impeachment proceedings, federal judges may be removed from office for misbehavior.
Supreme Court Judge: Appointed by President with Senate advice and consent. Life tenure; no reduction in salary; serve until impeachment, retirement, or death.
5. How does a case begin and proceed through the federal court system?
Starts in the District Court, appealed to Court of Appeal, then appealed to U.S. Supreme Court
6. What is the process by which a case is heard by the U.S. Supreme Court?
Supreme court hears cases on appeal from all other federal courts, federal regulatory agencies and state supreme courts.
• Cases come before court on either a direct appeal or through ‘writ of certiorari’
• Considerer whether an issue presents real and present controversy rather than a hypothetical concern
• May reject some as ‘moot’ because there is no live controversy; may accept moot if they think issue will arise again
• After decision will proceed to court to be reviewed by the justices, etc..
7. What types of motions and pleadings are available in civil court litigation?
Default judgment,
Motion to dismiss,
Summary Judgment
Motion for Directed Verdict,
Jury Charge/Deliberations,
Motion for JNOV (non obstante veredicto),
Motion for New Trial
Can be written by anyone, promises is real evidence for case, has answer/info about case.
Default Judgment
Defendant must respond to complaint.
Motion to Dismiss
Defendant has right to apply for court to dismiss matter.
The pretrial process of gathering evidence and facts. The word also may refer to the specific items of evidence that are uncovered.
When on part of action leads to other parts of an action, documents.
Same concept as discovery, but answers not document.
Document requires person to come to court and testify.
Summary Judgment
Where judge decides based on pleadings. Before matters go to trial. Makes sure no outstanding issue is left.
Motion for Directed Verdict
Request by defense attorney, similar to motion to dismiss, but is not actual trial.
Jury Charge/Deliberations
Judge gives jury instructions/jury retires to determine verdict.
Final judgement of jury
Motion for JNOV (non obstante veredicto)
Still can make motion that based on evidence, jury made wrong decision and should be in favor of other party. Is rare, but judge has the power
Motion for new trial
When on party asks for new trial based on legal errors
What is the jurisdiction of federal district courts? What types of claims can a federal district court hear?
Distinguished by geographic or topical area of responsibility and authority. Must answer these three questions:
Did the defendant purposefully conduct activities in the jurisdiction of the court?
Did the plaintiff’s claim arise out of the defendant’s activities in this locale?
Is it constitutionally reasonable for the court to exercise jurisdiction?
Hears cases: that deal with the constitutionality of a law, involving the laws and treaties of the U.S., legal issues related to ambassadors and public ministers, disputes between two or more states, admiralty law, and bankruptcy
1. What is the “clear and present danger” test?
Doctrine establishing that restrictions on First Amendment rights will be upheld if they are necessary to prevent an extremely serious and imminent harm.
2. What is “vagueness” and “overbreadth?”
Vaguneness-any statute that is so unclear that people of common intelligence have to guess at meaning is unconstitutional because leads to censorship. Examples, indecency act: to protect kids from indecent content on Internet. But vague because didn’t include what indecency included or meant.
Overbreadth: Statute that might be clear, but prohibits too much speech, unconstitutional. Indecency act: bans adults too and what they allow their kids to view.
3. What are the different theories of the purpose behind the First Amendment?
Marketplace of Ideas, Self-governance, Fourth State, Safety Valve, Self-fulfillment
John Milton: “Areopagitica.”
Open marketplace of ideas that advanced the interests of society and humankind. Free exchange of ideas vital to discovery of the truth.
Critics: Mackman: no real marketplace, women don’t have same authority. Barron: minority voices aren’t heard (libertarians, communists, anyone not main street).
Truth: ability to gain popularity with your idea.
John Locke
Government censorship is improper exercise of power. All people have fundamental natural rights, including life, personal liberty, and self-fulfillment. Freedom of expression central to natural rights. Government has no innate rights or natural authority.
We the people have the fundamental right to govern. Must have access to what is required to make informed decisions about our government.
Fourth state. Media has to have freedom of press for role as investigators for people to expose abuses from governors. Media is fourth estate of government, so other three don’t abuse powers.
Safety Valve: Give people an opportunity to speak. Need to have ability to speak out, helps avoid anti-social scenarios (rebellions).
Self-fulfillment: Self-expression important because of man’s innate dignity.
6. How does the First Amendment apply differently in high schools? In colleges?
High school: Can’t stop student from wearing armbands as long as not disruptive to business of the school Tinker vs. DeMoines. Supreme Court held it. High school students are allowed speech that’s not disruptive.
Hazelwood v. Kuhmeier: only in high schools. Ruled administration can decide what school newspaper posts. Had stories about divorce, teen pregnancies, etc. The newspaper, Spectrum, wasn’t public forum, was for a class, so board was responsible for content.
Killian 9 video
College: Kincaid vs. Gibson: school didn’t like theme/color of school newspaper, didn’t want published. Argued this was public forum they couldn’t alter. Because it was aesthetics, couldn’t’ be controlled by school.
Hosty vs. Carter: University authorities demanded prior approval of school newspaper. Does Hazelwood apply? Court ruled here it did, since university sponsored newspaper.
What does the First Amendment actually say? What rights does it protect? What are the limits of the rights?
1. Speak and Publish: a. symbolic-protest, controversy on what’s considered speech; b. – direct: fully protected
2. 2. Associate: join religious groups, any clubs, social groups, political parties, etc. Important because strength in numbers.
3. Receive Information: about yourself, corruption in government, etc.
4. 4. Solicit funds: Can ask for funds, don’t’ have right to threaten because that’s action, not speech.
5. No compelled speech: Can’t be forced to say, pray, or sign a document.
Know the hierarchy of First Amendment values
1. Political and social expression-fully protected
2. 2. Commercial speech: non-obscene sexual expression (porn). Protected, but subject to regulation. But regulation cannot be aimed to regulate by content.
3. False advertising, obscenity, fighting words.: no protection. Fighting words: ones that are likely to cause behavior not in favor of state.
What principle applies the First Amendment to laws enacted by the states? What is the amendment that provides for the protection
DOCTRINE OF INCORPORATION- 1st amendment starts with “Congress” but under doctrine , said 14th amendment and 1st amendment brought state and local governments too.
How are content-based laws different than content neutral laws?
Content-based laws: enacted because of messaged, subject matter, or ideas expressed in regulated speech. Presumptively invalid. Has to pass strict scrutiny test.
Content neutral: Laws that incidentally and unintentionally affect speech as they advance other important government interests. Has to pass O’Brien test. (1. Not related to the suppression of speech, 2. Advances an important government interest, 3 and is narrowly tailored to achieve that interest with only an incidental restriction of free expression.)
What is the strict scrutiny test? What is the “rational basis” test?
Strict scrutiny: High official standard. Restricts speech when 1. compelling interests and where there is 2. No other less restrictive way of protecting this interest.
Rational basis: lower level of scrutiny. There must be a reasonable basis (not compelling interest). Opposite end of spectrum, anything goes. But can’t just be arbitrary (I don’t like that person).
Which tests do courts apply in First Amendment cases?
1. Absolutism- The law should be interpreted literally (Scali perspective and Thomas). No law should infringe on freedom of expression.
2. Bad tendency-Opposite. Speech may be halted or punished if have slightest tendency of evil.
3. Clear and Present Danger-Changed Bad Tendency. Supremem Court held that only situation speech can be prohibited is when clear from speech that it led to clear and present danger that Congress had responsibility to prevent. Schenk case, Bradenburg v. Ohio.
4. Balancing tests: Ad-hoc balancing, where court weighs cases in case by case basis. Flexible, but unpredictable.
5. Balancing tests: Definitional balancing: Court balances competing interests in big interest of freedom of expression. Most often used, adds weight.
1. What is a non-content based regulation?
Time, place, manner restrictions upheld. Example, can onl put on porn between 10 pm and 6 am. Rationale is to protect children
2 . What is the constitutional test to analyze a “time, place or manner” restriction?
Non-content based regulation.
To meet first amendment test, a time, place, and manner rule must adhere to which of the following crtieria:
it must be content neutral
2. What is a prior restraint? Are there any circumstances that would permit a prior restraint?
Prior restraint-can’t stop someone from publishing beforehand, but can punish afterward.
a. When government employees are required to sign pre-publications agreements saying they won’t release certain information. Government is allowed to read before you publish, to make sure no sensitive information is leaked. It’s a lifetime commitment.
b. Military security review: journalists going to war sign contracts that won’t release stories without government previewing.
c. Licensing: public forums, motion pictures, broadcasting, and cable. Can’t discriminate about who you license to.
d. Non-content based regulation: time, place, manner restrictions
3. What are injunctions? How are they used in prior restraint cases?
Only equity courts can give injunctions. Injunction: A court order prohibiting a person or organization from doing a specific action. Injunctions only happen in prior restraint if the government can show they are necessary to prevent serious harm to extremely important government interests. (NY Times. V US.: preventing the Pentagon Papers to be published was unconstitutional.)
What is post-publication punishment? How does it differ from prior restraint?
Can’t not let you publish it, can’t prevent you from getting it out, but can be punished afterward.
7. What are prepublication agreements? Do they violate the First Amendment rights of government employees?
No, they are constitutional. When government is allowed to read before you publish to make sure no sensitive info is shared. Government employees sign agreement at beginning of work.
7. Does military security review of news media work violate the First Amendment?
8. What must government be concerned about when it comes to licensing?
Non-content based regulation. time, place, manner restrictions are upheld. (Can only air porn at certain times)
9. What is discriminatory taxation? Are news media protected from it?
Where government decides to tax people because they don’t like them. Yes, media is protected from it. Government can license, but can’t discriminate.
What is libel?
A written defamation. Publication that tends to damage person or corporation’s reputation or expose them toBLANK.
2. What are the elements of a libel claim?
a. Falsify: statement must be false or not libel
b. Identification: statement proved to be of and concerning person bringing it to action. They can be recognized from the statement. Any description, image, nickname, etc.
c. Publication: Not always written or in print. Has to be communicated. Can even be spoken, in email, social media. Anything made public. Has to be to more than the victim.
d. Defamatory meaning-Most common are related to theft (explicit). Or implicit0on face isn’t defamation but in context it is (He’s in a relationship with this woman, but everyone knows he’s married to another).
e. Fault: One of the most important. Statement was published recklessly or with negligence. Didn’t abide by good journalistic standards.
f. Harm: Jail, shun by friends, emotional turmoil
3. What are the eight especially sensitive categories of libel?
a. Inpute to another a loathsome disease, like an STD
b. Accuse another of serious sexual misconduct-changes with time
c. Impugn another’s honesty or integrity
d. Accuse another of committing a crime, arrest, or indicted
e. Allege racial, ethnic or religious history (Nazi accusations, ******, etc.)
f. Impugn another’s financial health or credit-worthiness
g. Accuse another of associating with criminals
h. Assort incompetence or lack of ability in one’s trade, business, profession or office (Louisville times story that woman came under drugs while working under certain man-libelous)
4. What are the defenses to a libel action?
Truth, Substantial truth, Absolute privilege, qualified privilege, neutral reportage, fair comment and criticism, statute of limitations, libel-proof plaintiff, consent, wire service defense
Show it’s true, you’re absolved
Substantial Truth
used more often. Gist of the story is true, even if untrue elements. Is fine, unless leave out important elements of a story.
a. Standford Paper not liable for relatively true story against senator. Said he visited N Orleans, when really was at Reno.
b. Memphis Press: Truthfully reported someone shot Nickels when found with her husband. Libel because failed to report other neighbors were there, made it look like Nickels was in a relationship
Absolute privilege
protection you get. Absolute: Not defeatable, full privilege. Cases made by government officials in official capacity. Protected because of speaker and occasion. (Senators, representatives, and legislatures are protected in hearings, reports, and duties, but can’t release press releases. Protected from libel in work, but not elsewhere. Executive branch has full privilege with policy-making decisions, and can release press release in some cases. State leg has similar privileges as federal. People in judicial proceedings can’t be accused of libel)
Qualified privilege
: Journalist’s privilege. Not absolute, circumstances where you might lose. Privilege for reporting on official reports or proceedings. If base story on these, not liable for libel. Examples: writing on judicial/quasi proceedings, arrest reports, unofficial proceedings such as city council meeting-all not libel
a. Conditions for privilege:
b. Accuracy: if story or headline isn’t accurate, then journalist libel
c. Fairness: story must provide balanced story or libe
d. Attribution: must attribute to source, or libel
e. Common law malice: statement published with ill will. Journalists must be neutral
Neutral reportage
Media allowed to report something newsworthy, even if unsure of truth. Must be 1. Newsworthy-related to public controversy. 2. Made by responsible person/organization, 3. About public official/figure/event. 4. Accurate reported and balanced. 5. Impartially reported.
Fair comment and criticism
Must show is not statement of true or false, is opinion. Must be accurately stated, widely known, or easily accessible.
Statute of limitations
Period of time after occurrences that can come to court. Libel two years in Fl. After that, statue waved.
Libel-proof plaintiff
Some plaintiffs have such a bad reputation that not allowed to sue for libel because could only get nominal damages. Waste of court’s time. Not in every state.
If consent to libel, either implicitly or explicity, not able to sue for libel.
Wire service defense
If publish article from respectable wire service and turns out not true, not held liable. Wire service can be sued.
6. What are the types of damages?
1. Presumed damages: damages assumed or automatically given the minute a libelous statement is heard
2. Compensatory damages: most obvious. Intended to put plaintiff back in position they would have been in if libel had never occurred. 2 types (If makes sense, wrong one)
a. Special damages: proof of out of pocket loss (financial harm, lost a job, money you lost)
b. Actual damages: Physical suffering (gaining weight, husband left you [loss of concortium]). Eventually have value, but you can’t quantify it. Bring evidence before the court. Emotional distress.
3. Punitive damages: aim is to punish a publication. Not for compensation. Jury’s outrage. Where big money comes in. Money goes to plaintiff.
Can an editorial be libelous?
Yes, Fact v opinion. Ordinary meaning of statement, more vague statement is more likely to be an opinion. Words with legal meaning (“He’s a thief”) should be avoided. If verifiable, is fact, not opinion. If not true, is libel. Context and setting: Linguistic and social. “Traiter”-if crossed a picket line, not criminal offense, just a traiter to cause. Social setting: Usual assumption in opinion speech is that it’s an opinion. Just because something is written as an opinion, does not mean opinion. If put in facts without backing up, liable for libel. Mlkovich case. Hyperbole and metaphor good to use so people know it’s an opinion.
What is group libel?
The smaller the group, more likely to bring libel. The group is small enough that each member can be identified. Smaller the number, the more likely can sue for libel.
Is it possible to defame a corporation or a product?
Corporations can sue for libel
What must a plaintiff prove in a defamation case?
Public person/public issue: actual malice.
Public person/private issue=actual malice
Private person/public issue: actual malice for presume and punitive
Private person/private issue-negligence.
Who can sue for libel? Persons? Corporations? Governments?
Not local governments, dead people, or cities
11. What are the legal limits of liability for a private-person libel claim? What standard of liability is not permitted (and under what circumstances)?
U.S. Supreme Court refused to impose actual malice. Thus, usually the standard is negligence. However, state courts can impose either standard as long as they don’t impose strict liability.
Private persons involved in a public issue must prove actual malice to recover presumed/punitive damages and prove negligence to recover compensatory damages. Private persons involved in a private matter need only prove negligence to recover both presumed/punitive and compensatory damages.
12. What are the standards of liability for libel of public officials? What is the test to determine whether someone is a public official?
Standard of liability: actual malice.
1. Involuntary public official: someone who becomes a public official through no fault of their own.
2. All-purpose – celebrities
3. Limited-purpose –
» thrust
» public controversy
» influence the outcome
What is “actual malice?”
Knowledge that information was false. Reckless disregard for whether report was false or not.
What are the types of damages plaintiffs can sue for?
Presumed, compensatory, and punitive
15. What devices help to mitigate damages in a libel suit?
1. Retraction: Retract statement
2. Correction/clarification: Don’t take it back, just correct it. Should be in equitable place (above the fold), timely response, how it’s worded
3. Reliance on a usually reliable source.
Are punitive damages ever permitted against a media defendant in a libel suit? Under what circumstances?
If it is a public person they must prove actual malice to recover any damages. If it is a private person they must prove negligence to recover compensatory damages. If a private person involved in a public controversy must prove actual malice to recover presumed/punitive damages. Private person involved in private issue must prove negligence to recover presumed/punitive damages.
What is the difference between an all-purpose public figure and a limited purpose public figure?
All-purpose public figure: Anyone who achieves pervasive fame-celebrities. Limited public figure: guys who enter spotlight in particular arena. Voluntary, thrust themselves into public controversy, and influences the outcome. If article written on them in this area, must prove actual malice. If accused in different area, must prove negligence.
Why did the U.S. Supreme Court not extend the actual malice rule to private persons?
1. Public figures have greater access to media.
2. Assume risk of injury from falsehoods by entering public
3. State has legitimate interest in compensating private individuals.
How can a media defendant mitigate the damage for a libel award?
– Correction/Clarification
– Reliance on a usually reliable source
20. What is a journalists’ privilege and how does it relate to libel?
Not absolute, circumstances where you might lose. Privilege for reporting on official reports or proceedings. If base story on these, not liable for libel. Examples: writing on judicial/quasi proceedings, arrest reports, unofficial proceedings such as city council meeting-all not libel
a. Conditions for privilege:
b. Accuracy: if story or headline isn’t accurate, then journalist libel
c. Fairness: story must provide balanced story or libel
d. Attribution: must attribute to source, or libel
e. Common law malice: statement published with ill will. Journalists must be neutral
Judgment made by a court that is based on the pleadings, admission, affidavits, answers to interrogatories and depositions is called a…
Group may sue for label on base of defamatory story about the group if:
group is small enough that each member can be identified.
Who can’t sue for libel?
local governments and cities, dead people
Traditional public forum
type of forum the us supreme court has identified in free-speech decisions as having been historically open for public discourse and having “immemorially been held in trust for the use of the public.”