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Law
of the Press
Plagiarism
.
Plagiarism:What
It is and How to Recognize and Avoid It. Writing Tutorial Services,
Indiana University, Bloomington, IN
A recent plagiarism controversy: Norman Finkelstein charges Alan Dershowitz
with plagiarism in his The Case for Israel
- Harvard
Crimson report
- Transcript of debate between Dershowitz and Finkelstein on Democracy
Now
- Alexander Cockburn's column in The Nation and Counterpunch
General
Background on Law of Press
For definitions and some case law on libel, privacy, copyright
law, go to The First Amendment Handbook.
Reporters Committee for Freedom of the Press.
Libel
Libel is written defamation and slander is spoken defamation.
The statements must be false, damaging, published, and it must identify the claimant. The burden of proof is on the claimant. The standard for public figures is higher, since Sullivan v. NY Times (1964), which required that the statement be made with "malice" (i.e., knowledge of the truth or reckless disregard of the truth).
Libel Defense Resource Center definition of libel
False Light
The First Amendment Handbook on False Light
False light is the publication of information that is "highly offensive" to a reasonable person. It may be explicitly false, but need not be; the publication can be also"invasion of privacy through false light" if the implication of the information and the way it is present is false and offensive. Other criteria of libel apply.
"Typically, people who feel wronged by the media sue for libel. They must prove that the story specifically damaged their reputations, such as through a loss of business, and that the story was false. Successful verdicts, which can bring large awards, are rare because the First Amendment gives the media broad protection to print true information.
In false light suits, the facts in a story can be true. It's the implication of the facts that counts. Such suits, not allowed in some states, often involve less serious situations and smaller verdicts than libel cases.
For example, a story in West Virginia about sexual harassment was illustrated with a photo of a female miner who had not sued anyone. She was correctly identified, but the photo created the false implication that she had sued."
—Stephen Nohlgren, When Truth Fails As a Defense. Poynter Institute for Media Studies
SLAPP
Suits
SLAPP Suits "Strategic Lawsuits Against Public Participation."
The
Anti-SLAPP Resource Center
Copyright
Copywrong?
A government report giving the Digital Millennium Copyright Act a passing
grade is a disaster for the general public, say critics
When works pass into
the public domain
Fair Use. Copyright
law section 107.
UT
Crash Course in Copyright
The Digital Millennium
Copyright Act (1998)
The No Electronic
Theft Act (1997)
Obscenity
National Campaign for Freedom of Expression bibliography
on censorship in the arts, especially obscenity.
First
Amendment and Artists
First Amendment Project has resources
for artists, including the Art Censorship hotline 1-800-477-6233.
The National Campaign
for Freedom of Expression handbook is addressed to artists and arts
organizations.
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