Defamation

Defamation

1. A defamatory statement is one that injures a plaintiff’s reputation and tends to subject plaintiff to hatred, contempt and ridicule or financial injury Of or Concerning Plaintiff

   • Defenses of Defamation
     • Truth ,Consent Absolute, Privilege Qualified, Privilege

2. Libel

   • Libel is defamation that is written. When libel occurs, general damages are presumed. However, the plaintiff may offer actual evidence of damages to increase his or her award.

3. Slander

   • Slander is defamation that is spoken. In cases of slander, plaintiff must prove damages unless the defamation is slander per se.
     • (1) adversely reflects one’s conduct in a business or profession; (2) accuses one of having a loathsome disease; (3) accuses one of guilt involving a crime of moral turpitude; or (4) suggests a woman is unchaste.

4. Constitutional Defamation

   • Matter of public concern
     • When defamation involves a matter of public concern, the plaintiff must prove two additional elements: (1) falsity; and (2) fault.
       • Falsity, Fault, Malice, Negligence
         • New York Times Co. v. Sullivan
           • The constitutional guarantees require a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with actual malice – that is, with knowledge that it was false or with reckless disregard of whether it was false or not.
   • Private
     • Gertz v. Robert Welch Inc
       • Because private individuals have less effective opportunities for rebuttal than do public officials and public figures, they are more vulnerable to injury from defamation. Thus, state interest in compensating injury to the reputation of private individuals is greater than for public officials and public figures