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False Light
In US law, false light is a tort concerning privacy that is similar to the tort of defamation. The privacy laws in the United States include a non-public person's right to protection from publicity that creates an untrue or misleading impression about them. That right is balanced against the First Amendment right of free speech. False light differs from defamation primarily in being intended "to protect the plaintiff's mental or emotional well-being", rather than to protect a plaintiff's reputation as is the case with the tort of defamationFALSE LIGHT
by Professor Edward C. Martin – ,
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Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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Communication
Communication (from la, communicare, meaning "to share" or "to be in relation with") is usually defined as the transmission of information. The term may also refer to the message communicated through such transmissions or the field of inquiry studying them. There are many disagreements about its precise definition. John Peters argues that the difficulty of defining communication emerges from the fact that communication is both a Universality (philosophy), universal phenomenon and a Communication studies, specific discipline of institutional academic study. One definitional strategy involves limiting what can be included in the category of communication (for example, requiring a "conscious intent" to persuade). By this logic, one possible definition of communication is the act of developing Semantics, meaning among Subject (philosophy), entities or Organization, groups through the use of sufficiently mutually understood signs, symbols, and Semiosis, semiotic conventions. An im ...
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Playgirl
''Playgirl'' was an American magazine that featured general interest articles, lifestyle and celebrity news, in addition to nude or semi-nude men. In the 1970s and 1980s, the magazine printed monthly and was marketed mainly to women, although it had a significant gay male readership. History The magazine was founded in 1973 by Douglas Lambert during the height of the feminist movement as a response to erotic men's magazines such as ''Playboy'' and ''Penthouse'' that featured similar photos of women. In 1977, Lambert sold ''Playgirl'' to Ira Ritter who took over as publisher. The magazine covered issues like abortion and equal rights, interspersed with sexy shots of men, and played a pivotal role in the sexual revolution for women.Cara BuckleThey couldn’t get past the ‘Mimbos’ The ''New York Times'', November 14, 2008. From March 2009 to February 2010, ''Playgirl'' appeared only online. The magazine returned to print as a sometime quarterly beginning with its March 2010 is ...
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Mass Media
Mass media refers to a diverse array of media technologies that reach a large audience via mass communication. The technologies through which this communication takes place include a variety of outlets. Broadcast media transmit information electronically via media such as films, radio, recorded music, or television. Digital media comprises both Internet and mobile mass communication. Internet media comprise such services as email, social media sites, websites, and Internet-based radio and television. Many other mass media outlets have an additional presence on the web, by such means as linking to or running TV ads online, or distributing QR codes in outdoor or print media to direct mobile users to a website. In this way, they can use the easy accessibility and outreach capabilities the Internet affords, as thereby easily broadcast information throughout many different regions of the world simultaneously and cost-efficiently. Outdoor media transmit information via such media ...
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Chilling Effect (term)
In a legal context, a chilling effect is the inhibition or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction. A chilling effect may be caused by legal actions such as the passing of a law, the decision of a court, or the threat of a lawsuit; any legal action that would cause people to hesitate to exercise a legitimate right (freedom of speech or otherwise) for fear of legal repercussions. When that fear is brought about by the threat of a libel lawsuit, it is called libel chill. A lawsuit initiated specifically for the purpose of creating a chilling effect may be called a Strategic Lawsuit Against Public Participation (SLAPP). "Chilling" in this context normally implies an undesirable slowing. Outside the legal context in common usage; any coercion or threat of coercion (or other unpleasantries) can have a chilling effect on a group of people regarding a specific behavior, and often can be statistically measured or be plain ...
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Subset
In mathematics, Set (mathematics), set ''A'' is a subset of a set ''B'' if all Element (mathematics), elements of ''A'' are also elements of ''B''; ''B'' is then a superset of ''A''. It is possible for ''A'' and ''B'' to be equal; if they are unequal, then ''A'' is a proper subset of ''B''. The relationship of one set being a subset of another is called inclusion (or sometimes containment). ''A'' is a subset of ''B'' may also be expressed as ''B'' includes (or contains) ''A'' or ''A'' is included (or contained) in ''B''. A ''k''-subset is a subset with ''k'' elements. The subset relation defines a partial order on sets. In fact, the subsets of a given set form a Boolean algebra (structure), Boolean algebra under the subset relation, in which the join and meet are given by Intersection (set theory), intersection and Union (set theory), union, and the subset relation itself is the Inclusion (Boolean algebra), Boolean inclusion relation. Definition If ''A'' and ''B'' are sets and ...
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Analytic–synthetic Distinction
The analytic–synthetic distinction is a semantic distinction, used primarily in philosophy to distinguish between propositions (in particular, statements that are affirmative subject–predicate judgments) that are of two types: analytic propositions and synthetic propositions. Analytic propositions are true or not true solely by virtue of their meaning, whereas synthetic propositions' truth, if any, derives from how their meaning relates to the world. While the distinction was first proposed by Immanuel Kant, it was revised considerably over time, and different philosophers have used the terms in very different ways. Furthermore, some philosophers (starting with W.V.O. Quine) have questioned whether there is even a clear distinction to be made between propositions which are analytically true and propositions which are synthetically true. Debates regarding the nature and usefulness of the distinction continue to this day in contemporary philosophy of language. Kant Conceptual ...
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Reasonable Person
In law, a reasonable person, reasonable man, or the man on the Clapham omnibus, is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions. Strictly according to the fiction, it is misconceived for a party to seek evidence from actual people to establish how the reasonable man would have acted or what he would have foreseen. This person's character and care conduct under any ''common set of facts,'' is decided through reasoning of good practice or policy—or "learned" permitting there is a compelling consensus of public opinion—by high courts. In some practices, for circumstances arising from an ''uncommon set of facts,'' this person is seen to represent a composite of a relevant community's judgement as to how a typical member of said community should behave in situations that might pose a threat of harm (through action or inaction) to the public. However, cases resulting in judgment notwithstanding verdict can b ...
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Embarrassment
Embarrassment or awkwardness is an emotional state that is associated with mild to severe levels of discomfort, and which is usually experienced when someone commits (or thinks of) a socially unacceptable or frowned-upon act that is witnessed by or revealed to others. Frequently grouped with shame and guilt, embarrassment is considered a “ self-conscious emotion,” and it can have a profoundly negative impact on a person’s thoughts or behavior. Usually, some perception of loss of honor or dignity (or other high-value ideals) is involved, but the embarrassment level and the type depends on the situation. Causes Embarrassment can be personal, caused by unwanted attention to private matters or personal flaws or mishaps or shyness. Some causes of embarrassment stem from personal actions, such as being caught in a lie or in making a mistake. In many cultures, being seen nude or inappropriately dressed is a particularly stressful form of embarrassment (see modesty). Persona ...
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Morality
Morality () is the differentiation of intentions, decisions and actions between those that are distinguished as proper (right) and those that are improper (wrong). Morality can be a body of standards or principles derived from a code of conduct from a particular philosophy, religion or culture, or it can derive from a standard that a person believes should be universal. Morality may also be specifically synonymous with "goodness" or "rightness". Moral philosophy includes meta-ethics, which studies abstract issues such as moral ontology and moral epistemology, and normative ethics, which studies more concrete systems of moral decision-making such as deontological ethics and consequentialism. An example of normative ethical philosophy is the Golden Rule, which states: "One should treat others as one would like others to treat oneself." Immorality is the active opposition to morality (i.e. opposition to that which is good or right), while amorality is variously defined as an ...
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Actual Malice
Actual malice in United States law is a legal requirement imposed upon public officials or public figures when they file suit for libel (defamatory printed communications). Compared to other individuals who are less well known to the general public, public officials and public figures are held to a higher standard for what they must prove before they may succeed in a defamation lawsuit. History This term was adopted by the Supreme Court in its landmark 1964 ruling in ''New York Times Co. v. Sullivan'', in which the Warren Court held that: Although defined within the context of a media defendant, the rule requiring proof of actual malice applies to all defendants including individuals. The standard can make it very difficult to prevail in a defamation case, even when allegations made against a public figure are unfair or are proved to be false. Rather than being newly invented for the case, the term was a term from existing libel law. In many jurisdictions, proof of "actual malice ...
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Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ...
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