Defamation

Question 1

Defamation

Defamation: When do 1st Amend considerations arise?

Answer 1

When defamation involves a public official and/or a matter of public concern

Question 2

Defamation

Defamation: Public Figure

Answer 2

One who has pervasive fame or notoriety or voluntarily assumes a central role in a particular public matter

Question 3

Defamation

Defamation: Public Official

Answer 3

Public office holder

Question 4

Defamation

Defamation: Matter of Public Concern

Answer 4

Statement relates to a community interest or concern (includes national interests)

Question 5

Defamation

Defamation: What must P prove?

Answer 5

If defamation involves a public figure, P must prove:

1) Falsity - that the statement was false; and
2) Fault - that D was at fault

Question 6

Defamation

Defamation: 2 Fault Standards

Answer 6

1) Actual malice standard for public officials or figures (knowledge of falsity or reckless disregard as to truth)
2) negligence of the statement’s veracity for private figures

Question 7

Defamation

Defamation: Damages

Answer 7

• Public figures or officials - compensatory and possibliy punitive damages
• Private figures - damages for actual injury only; P must prove actual malice for compensatory or punitive damages