Common Law Defamation

Common Law Defamation

1. Does the statement at issue involve a matter of public concern? (Assume that all statements about public figures involve matters of public concern

   • Yes
     • Go to Constitutional Defamation Chart
   • No
     • Is the Statement by Defendant: Defamatory (i.e., does it tend to adversely affect a person's reputation)? "of or concerning" the Plaintiff (in the view of a reasonable listener or reader)? and "published" (i.e. has it been intentionally or negligently communicated to a third person?
       • No
         • No Liability for Defamation
       • Yes
         • Is the Statement
           • Libel or Slander Per Se
             • Damages are presumed; defendant is liable for defamation
           • Slander not within per se categories
             • If plaintiff shows special (i.e. pecuniary) damages, defendant is liable for defamation