Question: as a live performance, then it would be libel. (b) Libel and slander are the two branches of what tort category? What are the basic


as a live performance, then it would be libel. (b) Libel and slander are the two branches of what tort category? What are the basic elements at common law of a plaintiff's case for either libel or slander? What are the common law affirmative defenses? If all the facts in a story are correct, could there still be defamation? (25 points) o (c) In New York Times Co. v. Sullivan, the Supreme Court of the United States adopted what has come to be known as the \"actual malice rule.\" From the plaintiff's perspective, what is the effect of the actual malice rule? What is the effect of the rule from the defendant's perspective? (10 points) ((1) Define \"actual malice\" as used by the Court in Sullivan. Is failure to check facts actual malice, and why do you say that? Is publishing defamatory statements intended to harm the reputation of the plaintiff actual malice, and why do you say that? (12 pts) o (e) In the case of Curtis Pub. Co. v. Butts, the Court extended the application of the actual malice rule to what class of plaintiffs? The Court in Gertz suggested three categories of these kinds of plaintiffs. Name them. (12 points)
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