Defamation

Question 1

defamation breach:

Answer 1

defamatory message:
lowers P in the esteem of the comm or discourages 3p from associating with him. expressions of fact not opinion
+
publication:
reas 3p who received the message would understand it refers to P

OR
republication
(newspaper etc: only if knew or should have know it was defamatory)
–
D must prove falsity as part of his prima facie case

Question 2

defamation: duty owed to (proper P):

Answer 2

living person or existing organization

Question 3

types of defamation

Answer 3

libel: written (today, in any perm form- recording, vid, etc)
slander: spoken- today anything not preserved

Question 4

slander per se

Answer 4

slander hx regarded as so harmful that it’s presumed the P suffered dmg from the very fact of its utterance

Question 5

defamation: damages available

Answer 5

pecuniary: quantifiable monetary losses suffered by P due to inj to his rep
general: nonpecuniary- humiliation etc. jury can presume in slander per se and libel

Question 6

defamation defenses: absolute priv

Answer 6

legislator on the floor
particiapnt in judicial proceedings- judge/ atty/ W etc
policy making officials in exec br as long as made in the course of those duties and was relevant
one spouse telling another

Question 7

defamation defenses: qualified privilege

Answer 7

-made in a comm that appears reas necessary to -protect or advance D’s legit interests
or matter of interest to recipient or 3p
-in a criticism of a matter of pub interest

Question 8

defamation defenses: qualified priv is lost when

Answer 8

malice
exceeds scope of priv (irrelevant stuff)
D doesn’t believe teh truth of the message

Question 9

defamation: 1A restrictions

Answer 9

public official or pub figure, must establish malice with “convincing clarity”