Defamation

Question 1

Defamation

Answer 1

Plaintiff must prove the matter was false and defamatory, published intentionally or negligently by the Defendant to a third person, understood to be applied to the Plaintiff and Plaintiff suffered damages as result of defamation.

Defamatory - RPT factual statement, not opinion that lowers esteem of Plaintiff in the community.

Damages:
Slander (Ear) - Must prove special damages (loss of business/employment), then can recover general damages (reputation) as well.

Libel (Eye) - Proof of specials not required, generals are presumed. Writer and publisher liable, not delivery guy.

Question 2

Slander Per Se

Answer 2

Slander involving crime, loathsome disease, unchastity or business. Proof of specials not required, generals are presumed.

Question 3

Defamation Defenses

Answer 3

Consent, Truth, Absolute Privilege, Qualified Privilege, Constitutional Privilege

Question 4

Defamation - Absolute Privileges

Answer 4

Judicial or Legislative proceedings, official statements of government officials, husband/wife, broadcasters.

Question 5

Defamation - Qualified Privileges

Answer 5

Can be lost if irrelevant, malicious or excessive publication.

Reports of Public proceedings, Fair comment, publisher protecting own interest, interest of others, common interest, communication in public interest.

Question 6

Defamation - Constitutional Privileges

Answer 6

NEW YORK TIMES - Actual Malice, if Plaintiff is public official, involving matter of public concern, must show prima facie case and actual malice (knowledge of falsity at time of publishing).

GERTZ v WELCH - Private plaintiff regarding a matter of public concern, negligence will suffice. Must prove actual damages, if malicious punitive damages are allowed.

BARTNICKI v VOPPER - Media, no liability in playing tape obtained illegally as long as they did not participate in illegal recording,