Defamation

Question 1

PF Common Law Defamation

Answer 1

1. publication to a 3d party
2. false or derogatory Statement
3. understood to be about π
4. proximate cause
5. special/specific damages to reputatition

Question 2

Qualified Priviliedge

Answer 2

to show:
- needs to be in good faith
- to promote interest
- limited in scope
- published in proper manner
assert the priliedge and then the burden switches to plaintiff

Question 2

Standard of Conduct for Defamation Claims

Answer 2

• dependent on type of π
• private: negligence
• all purpose public figure: actual
• limited purpose public figure: actual malice
• in regard to the specific public controversy

Question 3

Defenses to Defamation

Answer 3

• truth/substantial truth
• opinion
• privilieges (judicial, legislative, qualified)

Question 4

Remedies to defamation

Answer 4

Special Damages

Question 5

First Amendment and Defamation

Answer 5

we want to encourage open discourse and maintain freedom of speech. Public figures are inherently going to be the subject of the press, so we don’t want to elimate the possibility of speaking of them, but we don’t want to totally abandon their rights either

Question 6

3 ways to break qualified priviliedge

Answer 6

1. excesive dislosure
2. ill will in disclosure
3. lack of belief of truth in the statement

Question 7

How does Misleading vs actual falsity impact damages

Answer 7

if the statement is just misleading an injunction will be easier to get while damages will be harder. If the statement is actually false both remedies will be the same