The Concept Of Libel Essay Example for Free

The Concept Of Libel Essay This thesis seeks to look at the constituents of libel and distinguished from slander. The paper shall therefore begin by laying down a definition of the term libel and later look at the key elements that ought to be proved in a libel suit in reference to the New York Times Co. V. Suillivan suit and lastly look at the defenses that exist and the place of press ombudsman in handling libel cases. The laws of different jurisdictions have laid down distinctions between libel (a written defamation) and/or slander (an oral defamation). This thesis looks into defamation indepthly. Defamation has been defined in general terms as a communication which exposes a person to hatred, ridicule, or contempt, lowers such persons esteem, causes him to be shunned or injures him in his business or calling. (Phelps and Hamilton; 1966). It is therefore any written communication that holds a person up to contempt hatred, ridicule or scorn, thus in establishing a case of libel, one must proof that words published actually damaged the reputation of the person. (Roger V. Jackson Sun Newspaper 23 M. L. R. 1670 [1995]) and that at lease a significant minority of the community belief that as a result of these publications the plaintiff has been damaged. (Saudner V. WHYY TV, 382 A 2d. 257, [1998]). Injury that amounts from Libel is viewed in numerous ways. The injury may be as to have only hurt the reputation or it may have lowered ones reputation as to deprive them off their rights to enjoy social contacts. On the other hand, a person’s ability to hold a job or make a living may also be injured. (Yankwich; 1956) A person thus needs to show that they have been injured in one of the three ways for compensations to occur in libel suits. The institution of civil action for libel can be brought by any person however in instances where such persons die, it is a general principle that libel suits can not proceed or be instituted. However, the enactment of survival statutes in some jurisdictions has enabled relatives to proceed with such suits in instances where the plaintiff dies. In examining the locus standi of incorporated business they are entitled to actions for libel, however, cities, countries and agencies for the American government and governments the general can not excise loci standi in libel quite (City of Chicago . v. tribune publishing co. 139 n. e. 2d 86 [1923]) . The concept of burden of proof heavily lies on the plaintiff in libel cases. He must establish five key element of which this section shall delve into briefly before the law recognizes a statement and /or comment as being civil libel, it must be published According to law, publication occurs when one person, in addition to the writer and person who is defamed hear or see the material. Oftenly publication in newspapers or broadcast on television is presumed to have been disclosed to third parties. (Hornby. v. Hunter 385 S. W 2d 473 [1964]). Secondly the injured party must show the court that the exclusion of his name on the list of his best selling book was defamatory was held not to have validity as it had not specified his name in the list. The plaintiff must therefore be identified in the New York Times . v. Sullivan; the Montgomery police commissioner sought damages for false defamatory statement about the conduct of the Montgomery police department though he was never named in the ad. He contended that the comments on behavior of police also reflected on him. It was however established that plaintiff fell under the definition of all-purpose public figure whose job occupation is that of pervasive power and influence they are deemed public figures. Thirdly the examination of words as to constitute defamatory language is of essence . In libel cases, words are ordinarily considered in light of their ordinary meaning unless the evidence is persuasive as to show that the defendant meant something else(Mc Bride . v. Mewell Dow). Libel plaintiff must generally prove that the defamatory statements are false. This concept of falsity however differs with regards to public and private entities. In this case, if the plaintiff is a private person, they must prove the falsity of the libelous statement only when the subject matter is a matter of public concern (Philadelphia news paper Inc. v. Hepps). In the new York Times Co. v. Sullivan, the US court unanimously reversed the decision in this case stating that Sullivan could not recover damages in the case unless he proved that the defendant published false and defamatory advertisement knowingly or that the paper exhibited reckless disregard for the truth when it printed the material. The proof of reckless disregard for the truth was established in Garrison. v. Louisiana , by proving that the defendant had a high degree of awareness of probable falsity. The defenses that lie within a libel suit fall under the enactment of the first Amendment that establish the freedom for airing one’s opinion. However a person cannot also sue for libel if he or she has consented to the publication of the defamatory material (Pressley. v. Continental Can co. ). In another case, defense falls under the concept of right to reply which is mostly interpreted as a self-defense concept where if a person has written defamatory statements about another party, such party may reply in defense. Reference: American Law Institute: 379 U. S. 64(1964). Restatement of Tort 2 ed, Philadelphia American Law. Ashley, P. Say it safely. 5th ed. Seuttle University of Washington Press 1976. D,H. B. Libel law Doesn’t Work. But can it be fixed and in what price? Libel law and freedom of the press; Marton. L. New York(1993). Phelps, Robert, and Douglas Hamilton, Libel. New York:Macmillan 1966. Sinolla,Rodney. Suing the Press, New York: Oxford University Press,1986.

Analysis of The Essenes and the Dead Sea Scrolls Essay -- Biblical Scr

Analysis of The Essenes and the Dead Sea Scrolls Preamble â€Å"The grass withers and the flowers fall but the word of our God stands forever† Isaiah 40.8 â€Å"Mohammed Dib, a Bedouin shepherd of the T’Amireh tribe† (Keller, 1957, 401) could not have known that he would be the person who, in 1947, would bring to bear the words of Isaiah 40.8 This shepherd boy had been clambering around the clefts and gullies of a rock face on Wadi Qumran, north of the Dead Sea hoping to find one of his lost lambs. Thinking that it could have taken refuge in a cave he threw stones at the opening. He heard a jar break, became fearful and ran to fetch his fellow tribesmen. What they discovered were written scrolls of ancient papyrus, stuffed in jars and wrapped in linen. The Bedouins thought that they could make money on the black market in Bethlehem so sold them for a few shekels. A bundle of four of these scrolls was purchased by â€Å"the Orthodox Archbishop of Jerusalem, Yeshue Samuel who then stored them in St. Marks Monastery†. (Albright, 1954, 403) From this point in time interest in the scrolls escalated and in â€Å"1949 the Oriental Institute in Chicago invited Yeshue Samuel to submit the scrolls for examination. The Dead Sea Scrolls were given extensive and exhaustive examinations including carbon testing which indicated that â€Å" because the linen they were wrapped in was made from flax which had been harvested in the time of Christ that the scrolls were seen to have been copied around 100 B.C.† (Albright, 1954, 404). From the time of the initial discovery there was also an upsurge in archeological expeditions to the area. One such expedition was in 1949 when Father Roland de Vaux, Dominican Director of the French Ecole Biblique et Archeologique at Jerusalem and Professor Lankester Harding the British Director of the Department of Antiquities in Amran arrived in Qumran. After the initial disappointment of finding no complete scrolls or jars they â€Å" literally examined the floor of the cave with their fingernails. What they found allowed them to come to some astonishing conclusions† (â€Å"they found fragments and potsherds relating to Graeco-Roman times, dating from 30 B.C. to A.D. 70. Six hundred tiny scraps of leather and papyrus made it possible to recognize Hebrew transcriptions from Genesis, Deuteronomy, and the... ...ve been invented for the purpose of Christianity, that they are in fact the Word of God. Works Cited Albright, W.F. â€Å"Archeology and the Religion of Israel†. The Bible as History Ed. Werner Keller. Trans. William Neil. London: 1956 Hodder and Stoughton. 403 Burrows, Millar. More Light on the Dead Sea Scrolls and New Interpretations. New York: 1955. The Viking Press. 1958. 180. Dupont-Sommer, A. The Essene Writings from Qumran. New York: 1962. 23-38 Ferguson, F. Backgrounds of Early Christianity. 1987. Grand Rapids, Mich: 1990. William B. Eerdmans Publishing Company 1990. 369-421 Harding, L. Journal of the Society of Oriental Research (JSOR). The Bible as History. Ed. Werner Keller. Trans. William Neil. London: 1956 Hodder and Stoughton. 409- 410 Josephus Flavius, The Jewish War. Harmondsworth, Middlesex, England. 1959 Penguin Books Ltd. 129 Lohse, E. The new Testament Environment. Trans. John E. Steeley. 1974 London: SCM Press. 1989: 89-115 Tushingham, A. Douglas. The Men who hid the Dead Sea Scrolls. December. 1958: National Geographic Magazine Vardaman, J. The Earliest Fragments of the New Testament. 1971-72: Expository Times 374-376

Schooling for Children with Special Needs: Education

For the well-being of their children with disabilities or special needs, parents are often faced with the difficult decision of whether to attempt to integrate the child into a public school system or send him or her to a special school. Before the Education for All Handicapped Children Act or Public Law (PL) 94/142 was enacted in 1975, public schools educated only 1 out of 5 children with disabilities.This act required all public schools accepting federal funds, to provide equal access to education for children with physical and mental disabilities. This education was to free, in the least restrictive environment and appropriate to their individual needs. The act also required that school districts provide administrative procedures so that parents of disabled children could dispute decisions made about their children’s education. The ultimate goal was to help students live more independent lives in their communities.Mainstreaming or inclusion in the context of education is a term that refers to the practice of educating students with special needs in regular classes during specific time periods, with supplementary aids and services if needed, based on their skills. This means regular education classes are combined with special education classes. Schools that practice mainstreaming believe that special needs students who cannot function in a regular classroom to a certain extent â€Å"belong† to the special education environment.Segregation or confinement in education refers to the catering to students with special educational needs, in a special school e. g. because of learning difficulties or physical disabilities. This means the individual placed in this environment is systematically monitored by teaching procedures, adapted equipment and materials, accessible settings and other interventions designed to help them achieve their goals. Many writers have voiced there opinion, through their pen, on whether a special ed. tudent should be educated i n a special setting or be mainstreamed/included in the general/public schools. One writer’s view is that â€Å"Separate is not equal, and it certainly is not better†. Simply stated, he is saying when students with special needs are separated they do not get the opportunity for socializing in or with the community, a skill that will assist them to become productive members of society (Spitzer-Resnick). Witt, another writer said the disabled student should learn alongside his non-disabled classmates as often as possible (Witt 2003).

The Process of Making the Monroe Doctrine Essay - 855 Words

The Process of Making the Monroe Doctrine United States president Theodore Roosevelt announced the Roosevelt Corollary, an addendum to the 1823 Monroe Doctrine, in response to European nations that were trying to force Venezuela to repay its debts. Roosevelt threatened to send naval ships to Venezuela if those nations sought to forcibly collect the debt. Stability must be preserved, Roosevelt said in his 1904 annual message to Congress, even if it requires an â€Å"exercise of international police power.† The Roosevelt Corollary, based on the 1901 Platt Amendment, became the cornerstone of U.S. policy in Latin America. Herbert S. Parmet open sidebar In 1904 President Theodore Roosevelt claimed, in what became known as the Roosevelt†¦show more content†¦This outlook is an example of Roosevelt’s â€Å"big stick† policy, which he put into practice when he became president in 1901. It held that the United States needed to be strong enough to mold affairs in other countries, and that the threat of force would back up diplomacy. This article reflects the conventions and biases of the era in which it was written. In the 1920s and the 1930s, the United States reduced the doctrines scope by favoring action in concert with the other American republics. The Platt Amendment, which was part of the U.S. treaty with Cuba in 1903 and which provided for U.S. involvement in the rule of Cuba, was revoked in 1934. This emphasis on acting with other nations, or Pan-Americanism, continued during and after World War II with the Act of Chapultepec (1945) and the Rio Pact (1947), which declared that an attack on one American nation was an attack on all. The formation of the Organization of American States in 1948 was designed to achieve the aims of the Monroe Doctrine through Pan-Americanism. 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