Defamation Flashcards
Defamation elements?
D must make a defamatory statement specifically identifying the plaintiff
There must be publication of the statement
There must be damage to the reputation of the plaintiff
A statement is considered to be defamatory when it does what?
Adversely affects reputation.
John Doe is a no-good, son of a bitch. Defamatory statement?
No. Mere insults not enough for defamation.
John Doe is embezzling money from his clients. Defamatory statement?
Yes. Statement of fact reflects negatively on his character
A defamatory statement must specifically identify . . .
the plaintiff
A defamatory statement must expressly identify a specific individual. T or F?
No, just needs to be so that a specific person can be identified.
Is there liable for defamation of a dead person?
No.
The word “publication” in the defamation context means
It has been intentionally or negligently communicated to a third person.
“Publication” requires just intentional or negligent communication to how many people?
Just one “third person.”
If “publication” requires dissemination to just one person, why is the number of people who ultimately hear the information important?
Measure of damages.
Under traditional CL rules, _____ are presumed in certain types of defamation litigation.
damages
Libel involves a case in which the defamatory statement is . . .
Written, printed, or recorded.
Slander involves a case in which the defamatory statement is . . .
Oral or spoken.
Very hurtful slander is treated like _____.
Libel
In a slander per se case, plaintiff does not need to do what?
Doesn’t need to prove damages
What are the four categories of slander per se?
Statement relating to plaintiff’s business or profession
Statement that plaintiff committed a serious crime.
Statement that “imputes unchastity to a woman”
Statement indicating that the plaintiff suffers from a loathsome disease (e.g., leprosy, STDs)
Slander NOT per se requires evidence of _____ to get to the jury.
Damages
Slander per se does not require evidence of ________ to get to the jury.
Damages
Evidence of damages must show what type of harm?
Economic.
Is consent a defense for defamation?
Yes
Is truth a defense for defamation?
Yes
T or F? Truth defeats a defamation claim.
True
What are the two Privilege subgroups?
Absolute
Qualified
Absolute privilege from defamation is usually conferred based on whose status?
Defendant’s
If a married person says something defamatory (about someone else or them) to his or her spouse .. .
There is nothing you can do. There is an absolute privilege.
Government officials do/don’t receive immunity from defamation.
Do
The government official privilege for defamatory statements do/don’t apply to lawyers.
True
Qualified privileges are based on . . .
The situation that gave rise to the speech.
Qualified privileges arise when there is a public interest in what?
Encouraging candor.
A reference or recommendation, when defamatory, falls under the qualified privilege. T or F?
True
What requirements for the qualified privilege? (2)
Must have a reasonable and good faith basis for what you say (mistakes ok)
Must confine yourself to material that is relevant to the situation at hand.
Where a statement that bears on a matter of public concern, defamation requires . . . (regular + 2)
D must make a defamatory statement specifically identifying the plaintiff
There must be publication of the statement
There must be damage to the reputation of the plaintiff
P must show that statement is false
Fault
Where a statement that bears on a matter of public concern and the P is a public figure, what must the public figure show regarding fault?
Constitutional Malice (i.e., deliberate spreading of lie or the reckless dissemination of the statement)
Where a statement that bears on a matter of public concern and the P is a private figure, what must the private figure show regarding fault?
D spread the falsehood Negligently
Defendant may be protected by an absolute privilege for the following 5 remarks/situations:
Remarks made during judicial proceedings
Remarks made by legislators during proceedings
Remarks made by federal executive officials
Remarks made in “compelled broadcasts”
Remarks between spouses
