Defamation

Question 1

In a private person defamation case, how must the defendant act to be liable?

Answer 1

The defendant must act with knowledge that statement is false or negligent disregard for its falsity.

Question 2

In a public figure defamation case, how must the defendant act to be liable?

Answer 2

The defendant must act with actual malice, knowledge that statement is false or reckless disregard for its falsity.

Question 3

In a public official defamation case, how must the defendant act to be liable?

Answer 3

The defendant must act with actual malice, knowledge that statement is false or reckless disregard for its falsity.

Question 4

When a defamation claim based on libel is brought by a public official or public figure what do they have to prove?

Answer 4

The defendnat made a false statement about the plaintiff with actual malice, the statement would tend to harm the plaintiff’s reputation, and the defendant intentionally or negligently communicated that statement to a third party.

Question 5

When would a statement tend to harm the plaintiff’s reputation?

Answer 5

If a third party’s reasonable interpretation of that statement would tend to do so.