Defamation

Question 1

Common Law Elements for Defamation

Answer 1

(a) defamatory language;
(b) of & concerning π;
(c) publication;
(d) damage – presumed for libel and slander per se (business, disease, chastity, moral turpitude crimes), need proof for slander

Question 2

Constitutional Law Defamation (Public Concern) Elements

Answer 2

(a) defamatory language; (b) of & concerning π;
(c) publication;
(d) damage – presumed for public or private figure based on actual malice, proof required for private figure based on negligence; (e) falsity;
(f) fault – malice or negligence (private figure only)

Question 3

Defenses to Defamation

Answer 3

1. Consent
2. Truth
3. Privileges

Question 4

Absolute Privilege Defense to Defamation

Answer 4

Spouses;
Executive, Judicial, and Legislative proceedings;
compelled programs

Question 5

Qualified Privilege Defense to Defamation

Answer 5

When public interest in candor, must have good faith belief and relevance to interest