Defamation

Question 1

Defamatory Statement

Answer 1

One that INJURES the π’s reputation

∆’s statement MUST reasonably be understood to refer to the π (single individual)

PUBLICATION: MUST BE communicated to 3rd person

• Capable of understanding it
• MUST be at least negligent IF NOT intentional

Question 2

Damages

Answer 2

Spoken = Slander
-MUST prove SPECIAL damages

Written or broadcast = Libel
-Juries MAY PRESUME damages

EXCEPTION: π can recover presumed damages in cases of slander per se:

• Trade or profession
• Serious crime
• Loathsome disease
• Unchastity to women

Question 3

CL Defenses

Answer 3

Truth

Absolute Privilege (even if intentional & malicious)

• During judicial proceedings
• Legislative/Exec. Branch Proceedings
• Communications between Spouses

Qualified Privilege = Like Letter of Rec.

Question 4

Con Law Limits

Answer 4

1st Amend protects speech on MATTERS OF PUBLIC CONCERN…2 added elements to π’s case:

(1) FALSITY = πMUST prove that statement was FALSE
(2) FAULT = π MUST prove some level of fault
- Public Persons (public πmust prove ACTUAL MALICE)
- Private Persons (at least negligence)