defamation

Question 1

to recover damages for defamation, there is an ____ standard, which means that ___.

Answer 1

Actual malice standard. A statement made with knowledge that the statement that was made was false or with reckless disregard as to its falsity

Question 2

what is anti-slapp?

Answer 2

In certain states, including TN, a defendant can file a motion to strike based on engaging in protected speech within the complaint. D can get attorneys fees too.

Question 3

In assessing motions to strike under anti-slapp, the court takes a two-step approach. what are the steps and what case do they come from?

Answer 3

(1) First, the court determines whether the d has met burden of proof that challenged cause of action was protected activity. If the court is satisfied, then (2) burden shifts to p to establish a “probability that p will prevail on the claim[s]. If p fails, anti-slapp motion granted.

Question 4

following a trial at which it is determined that the defendant defamed the plaintiff, the court may issue an injunction prohibiting the defendant from repeating the statements determined to be defamatory. case?

Answer 4

Balboa Island Village v. Lemen, shouting at restaurant guests

Question 5

Reasoning from Balboa Island v. Lemen?

Answer 5

A fine isn’t good enough. Means rich people can keep doing it.