Defamation

Question 0

Defamatory message

Answer 0

Lowers P in esteem of the community or discourage third person from associating with him.

• holds P up to hatred, ridicule, contempt and scorn.
• must be understood by the person who reads it.

Question 1

Standard of proof

Answer 1

Must prove it is false statement of fact. ( giving opinion not count).
If the figure is public, must prove malice.
If the person is private, but public concern: prove negligence
If person is price, private concern: publication only.

Question 2

Florida libel

Answer 2

For media D, must prove actual damages or actual malice.

Question 3

Publication

Answer 3

P must prove that statement is understood to be about her.
Must be communicated to TP.
Ds negligence in publishing the statement is not a defense.

Question 4

Types of defamation

Answer 4

Libel:,written, includes sound recording, video, pics, sculpture
Slander: any message not preserved in permanent form.

Question 5

Slander per se

Answer 5

1. That P commuted crime of moral turpitude or punishable by prison or death
2. That P has loathsome disease (venereal or leprosy)
3. P conduct incomparable with proper conduct of his profession, business, or office
4. P is unchaste if she is female.
   Special damages are presumed.

Question 6

Defamation by implication

Florida

Answer 6

Literally true statements can be defamation when they create a false impression.

Question 7

Defenses

Answer 7

1. Truth
2. Absolute privilege: legislator on floor of congress or during hearings
   Or anyone during a trial.
3. Qualified privilege: D communicates on a matter of interest to the TP and D believes it is truth.

Question 8

Retraction

Florida

Answer 8

P must serve written notice on a media D at least 5 days before filing suit. D can retract within 10 days. If original publication was made in good faith, liable for only actual damages.

Question 9

Malice

Answer 9

Knowing falsity or recklessness as to the truth

NYT malice: D knew defamatory message was false or reckless disregard for truth.

Question 10

Malice

Florida

Answer 10

Must show Ds primary motive was to injure P to defeat a common law qualified privilege.

Question 11

NYT malice

Answer 11

Knowing falsity or reckless disregard for the truth or falsity.

Question 12

Damages

Answer 12

General damages presumed

Special damages required except for libel and slander per se.