Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
Class Activities
Chapter 5: Libel: Defenses and Privileges
1. Identify Truthiness in News Stories
Stephen Colbert is famous for his satirical talk show host character who coined the term
“truthiness” (see realWorld Law box). Colbert defines truthiness as a truth that a person making
an argument claims to know intuitively or because it “feels right,” even if the claim is without
evidence. Ask students to collect examples of “truthiness” in news stories. Have students share
their examples and discuss how to apply all of the categories of the opinion defense to their
examples (online comments, rhetorical hyperbole, parody, and satire) if a libel lawsuit happened
to emerge. This exercise helps them see the challenges in separating facts from opinion and will
also help their writing and critical thinking skills – they will begin to see how to better frame their
own arguments and ideas around facts instead of opinion.
Additionally, you could take this one step further by considering “fake news” and how it may blur
fact and opinion, or how it may help a student differentiate truth from falsity. How does someone
know what is fact and what is opinion in a fake news story? How can media consumers confirm
factual information?
2. Using Stories from the Media
Consider using articles from local newspapers, national newspapers or magazines, or recordings
from local or national broadcasts. These can be used in the same way that a hypothetical
situation can be used. Ask students to make a case for the defendant by telling them they
represent the publisher. It is their job to defend the story. This can be a classroom activity or a
written assignment for credit.
3. Reputation Management Journals
As noted in the realWorld box “Managing Your Reputation Online,” students can take steps to
protect their reputation online. Ask students to follow the recommendations in the box – set up a
personal Google alert, consider the settings on their social media, etc. Then, ask students to
spend a month keeping track of what they find about themselves as well as what they shared