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Philadelphia Newspapers, Inc. v. Hepps Supreme Court Case

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Philadelphia Newspapers, Inc. v. Hepps Supreme Court Case

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Questions and Answers

What is the main reason the Court believes that a private-figure plaintiff must bear the burden of showing that the speech at issue is false?

To insulate the media defendant from liability for demonstrably false speech

To ensure that the plaintiff can recover damages for defamation

To protect the government's ability to enforce its own laws

To encourage debate on public issues and avoid a 'chilling' effect on speech of public concern (correct)

What does the Court recognize as a result of requiring the plaintiff to show falsity?

It will make it easier for media defendants to avoid liability

It will insulate some speech that is false, but unprovably so (correct)

It will encourage more debate on public issues

It will ensure that the plaintiff can recover damages for defamation

What is the key precedent the Court relies on in reaching its conclusion?

New York Times Co. v. Sullivan

Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc.

Gertz v. Robert Welch, Inc. (correct)

Hustler Magazine v. Falwell

What is the key difference the Court identifies between governmental action and a private suit for damages in the defamation context?

Governmental action is directly enforcing its own laws, while a private suit is a different type of action Signup and view all the answers

What is the primary concern the Court has in the case of a private suit for damages, similar to its concern in governmental-restriction cases?

Encouraging debate on public issues and avoiding a 'chilling' effect on speech of public concern Signup and view all the answers

What additional requirement does the Court say it has imposed on the plaintiff in a suit for defamation, as a result of its previous decisions?

The plaintiff must show that the defendant was at fault in publishing the statements Signup and view all the answers

What is the key reason the Court gives for not breaking new ground in insulating speech that is not even demonstrably false?

To build on its previous decisions in the law of defamation Signup and view all the answers

What type of speech does the Court indicate is the focus of its concern in this case?

Speech concerning the legitimacy of the political process Signup and view all the answers

What is the key rationale the Court provides for insulating even demonstrably false speech from liability?

To provide 'breathing space' for true speech on matters of public concern Signup and view all the answers

What is the key practical implication the Court identifies regarding the burden of proving falsity on the plaintiff?

Evidence offered by plaintiffs on the publisher's fault will generally encompass evidence of the falsity of the matters asserted Signup and view all the answers