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Please explain actual malice and reckless disregard for the truth as defined by the U.S. Supreme Court in Times v. Sullivan . Libel potential scenario
- Please explain "actual malice" and "reckless disregard for the truth" as defined by the U.S. Supreme Court inTimes v. Sullivan.
- Libel potential scenario:You are the editor of your local newspaper. A U.S. senator has decided to seek re-election. Five women who worked for him several years ago say he sexually harassed and abused them while they were in his office. The women refuse to be named. Their allegations range from stories that he plied them with drugs and alcohol and then sexually abused them to accusations of rape. All the women are reputable, including a political lobbyist and a former secretary to the senator, but none has gone to the police. As a result, you have no record of formal complaints about their allegations. However, three years ago a formal complaint by a former employee charged him with sexual molestation, but the charges were dropped. Will you print these women's allegations and use his name? If you do, will the senator have grounds for a libel lawsuit?
- Privacy issue 1:A candidate for city council in your community had a nervous breakdown 10 years ago. The candidate's opponent has slipped you a hospital document confirming this fact. Should you print the story? Why or why not? If you do, does the candidate have any grounds to sue you for invasion of privacy?
- Privacy issue 2:You are a photographer who went on assignment to the county fair. You snapped a picture of a woman whose skirt blew up to her shoulders, exposing her underwear, as she emerged from the fun house. Your editor decided that this picture captured the fun mood of the fair and used it. The woman is now furious and is suing the paper for invasion of privacy disclosure of a private fact. Discuss whether she has grounds for a lawsuit and whether you think you should have taken the picture.
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