Defences to Defamation

Hustler Magazine, INC. The court found the defendant’s use of the copyrighted works in their magazine was fair. Hustler Magazine INC did not exploit the value of Haberman’s works in order to sell copies of its magazine. The court also found Hustler established evidence that it made fair use of the copyrighted work because it did not materially impair the marketability or value of the work. This issue, presented in 17 USC § 107, is undoubtedly the single most important element of fair use. My client’s use of the “photograph” would not serve as a suitable substitute for someone who wished to collect Bill Frymire’s work. The reproduction of the “photograph” was not intended to increase sales and improperly capitalize on Frymire’s work. It is unlikely my client received extra business as a result of a photograph posted on their social media

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

What is hate speech? Hate speech is speech that attack a person or group because of the ethic background, race, gender, sexuality, religion or disability.

Justice Brennan delivered the opinion of the Court. Roth ran a business in New York by selling books, photos, and magazines. Roth was charged with 4 counts for sending inappropriate circulars and an inappropriate book. The Court of Appeals for the Second Circuit upheld Roth’s appeal. Alberts was prosecuted for the sale of lewd books, and for writing inappropriate advertisements within the books. Albert’s conviction was upheld by a lower court. The Court must decide if indecent material is protected by the freedom of speech and press in the First Amendment. All ideas, even the most foolish, controversial, and intolerable, are protected by free speech. The only exception is when they interfere in more important safeties. However, indecency has been demonstrated to have no redeeming

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

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

Joel Feinberg, defines the Offense Principle as “ it is always a good reason in support of a proposed criminal prohibition that it is probably necessary to prevent serious offense [as opposed to injury or harm] to persons other than the actor, and would probably be an effect means to that end if enacted.” (Feinberg, 1984). I believe that this principle serves as the best way to analyze R. V. Keegstra. There are many factors that fall under the Offense Principle, such as extent, duration, social value of speech, the ease with which it can be avoided, the motives of the speaker, the number of people offended, and the general interests of the community at large, however, I will only touch a few. Based off of these factors, Keegstra and Zundel should be prosecuted, but not those from “Go Yankee, go”. Zundel and “Go Yankee, go” are to be discussed in a later section of this essay.

| A published false statement that is damaging to a person's reputation; a written defamation

To speak insultingly to or about an individual and it is also an unjust and corrupt practice.

General limitations on free speech are libel, slander, obscenity, child pornography, incitement, offensive words, fighting words, classified information, copyright violation, sedition, and various other limitations. The offense principle is used to prohibit forms of expression that some consider offensive to society, groups, or individuals. For example, free speech is limited in many jurisdictions to broad varying standards by legal systems, religious offense, and incitement to ethnic or racial hatred laws. Legal systems and society have limits on the free speech, especially when it clashes with other values or rights. Limitations of speech may abide by the "harm principle" or the "offense principle", for example in the case of child pornography or racial

Defamation is defined as a statement that injures another party’s reputation. Defamation includes both written statements, libel, and spoken statements, slander. In order to prove defamation 4 things must be shown: a false statement claiming to be true is made, sharing that information either verbally or through written communication with a third party, fault and damages.

Libel simply is "defamation of character by published word", the publishing of falsities to hurt a person's reputation or standing. However, now it is not limited to only printed word as in newspapers or magazines. Slander, which is defined as "defamation of character by spoken word" is now portrayed as a form

“Gossip” (pg: 199) Connotative: Talking to someone Denotative: Talking about a person behind there backs without even knowing.

By definition defamation is the act of injuring someone’s character or reputation by false statements. Cases of defamation are only considered attacks on if they are made in a vindictive or malicious manner. The person’s name is considered not only personal but proprietary right of reputation. Defamation is synonymous with the words libel and slander in terms of law. Defamation is a term that encompasses both libel and slander. Libel is a term used to describe visual defamation; as in newspaper articles or misleading pictures. Slander describes defamation that you can hear, not see. It is mostly oral statements that tarnish someone’s reputation.

The case Chaplinsky vs. New Hampshire stated that there are some classes of speech that are limited. They are the lewd, the obscene, the profane, the libelous, and the insulting words. When spoken they encourage fighting and so is a disturbance of peace (Stone, Seidman). Therefore, the courts have created laws that will protect a person against libel and slander.