Defamation

Question 1

Defamation General Rule:

Answer 1

a. General rule: The publication of a false statement to a third party that holds one up to hatred, contempt, or ridicule.
i. Elements (applies to both slander and libel):
1. False statement
2. Publication
a. Communication to a 3rd party
b. Repeater of defamatory remark is a publisher (newspaper, magazine, failure to remove)
3. Intentional, negligent, or reckless manner
4. Caused harm

Question 2

Damages to Defamation

Answer 2

1. Special damages: financial/pecuniary harm – loss of business, etc
2. General damages – emotional distress
3. Punitive damages – only if wrong was intentional

Question 3

Libel

Answer 3

i. Rule: Publication of defamatory statement by word
ii. Considered worse than slander
iii. Libel per se
1. Examples
a. Damaging trades or business
b. Crime of moral turpitude
c. Loathsome disease
d. Woman is unchaste

Question 4

Damages to Libel

Answer 4

Emotional Distress

Question 5

Group Libel

Answer 5

defaming a group, usually to single out one person
1. Naming a position and making it believable
a. Large group usually doesn’t count
i. Example: “All lawyers are crooked”
ii. But if group is small, has potential for defamation
b. How realistic is it to apply for a member of the class?

Question 6

Slander

Answer 6

i. Rule: Publication of defamatory matter by spoken words
ii. Slander per se
1. Examples
a. Damaging trades or business
b. Crime of moral turpitude
c. Loathsome disease
d. Woman is unchaste
iii. Damages: P mush show special damages to recover unless it is slander per se

Note: d. Libel and slander extend to public figures
i. Public figures, defined by Gertz, are those who play a role of special prominence in the affairs of society – someone who has pervasive power and prominence.
ii. Public figures will have access to media