999800
Defamation
- 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
- Truth ,Consent
Absolute, Privilege
Qualified, Privilege
- Defenses of Defamation
- 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.
- 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.
- 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.
- (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.
- Slander is defamation that is
spoken. In cases of slander,
plaintiff must prove damages
unless the defamation is slander
per se.
- 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.
- 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.
- New York Times Co. v. Sullivan
- Falsity, Fault, Malice, Negligence
- When defamation
involves a matter of
public concern, the
plaintiff must prove two
additional elements: (1)
falsity; and (2) fault.
- 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
- 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
- Gertz v. Robert Welch Inc
- Matter of
public
concern
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