Defamation

Question 1

Defamation definition

Answer 1

The act of making untrue statements about another which damages their reputation

Question 2

Types of defamation

Answer 2

1) Libel

2) Slander

Question 3

Libel definition

Answer 3

Defamation in a written or other graphic/published form

Question 4

Slander definition

Answer 4

Spoken defamation

Question 5

Defamation Elements

Answer 5

1) published a written (libel) or spoken (slander)
2) false statement
3) that was defamatory
4) concenring the π
5) While acting with actual malice (if public figure) or nagligence (if private figure)
6) damages

Question 6

Publication definition

Answer 6

When one person, in addition to the writer and the persond efamed, sees or hears teh material and that person understands the statement to be defamatory

Question 7

Falsity

Answer 7

• an absolute defense

- Substantial truth” - what is the gist?

Question 8

What do Court’s consider when assesing if something is an opinion

Answer 8

Courts consider

1) verifiability
2) precision of language
3) context
4) type of written speech

Question 9

Defamation per se

Answer 9

• defamatory on its face (Ex: allegation of crim, racision, disease, etc.)
• Law presumes that reputation is damaged, so π can recover without proof of injury

Question 10

Defamation per quod

Answer 10

Requires context to understand its defamtory meaning

-Ex: “I saw prof. sherwin and lady pearl on a date!” would only be defamatory if you knew they were both married

Question 11

Quality of reputation

Answer 11

a reputation must be capable of being harmed.

Question 12

Identification definition

Answer 12

others must be able to reasonably understand that the π is the one reffered to

Question 13

how one may be identified

Answer 13

1) name
2) likeness
3) photograph
4) references taht would identify only one person

Question 14

Actual Malice/Negligence standard

Answer 14

standard depends on whether the π is a public official, public figure or private figure

Question 15

Private figure definition

Answer 15

Individuals who do not qualify as public officials/figures or limited-purpose public figures are private figures

Question 16

Private Figure standard

Answer 16

∆ must only be negligent (failing to do that which a reasonable person would do in a simliar circumstance)

Question 17

Negligence

Answer 17

• Failing to do that which a reasonable person would do under simliar circumstances
• Question of Fact

Question 18

Public figure Standard

Answer 18

Actual Malice

Question 19

Actual Malice

Answer 19

• Knowledge of falsity or with “reckless disregard for the truth”
• ∆ must have actual, subjective doubt about the truthfulness of the statement

Question 20

types of Public Figures

Answer 20

1) Public Officials

2) Public Figures

Question 21

types of Public figures

Answer 21

1) General Purpose Public Figures

2) Limited-purpose public figures

Question 22

Public official definition

Answer 22

• anyone elected will qualify
• Other gov. officials will qualify if:
  1) they have substnatial responsibility for a governmental conduct
  2) public has an interest in the qualifications or performance
  3) story is about the officials job responsibilities or performance

Question 23

General Purpose Public Figures Definition

Answer 23

• Household Names

- Those who achieve such pervasice fame that they become public figures for all pruposes and in all context

Question 24

General Purpose Public Figures Standard

Answer 24

Judged from perspective of specific community in which the story was published

Question 25

Limited Purpose public figures definition

Answer 25

those who thrust themselves into the forefront of a particular public controversey

π must be actively seeking (volunatarily) to influence public opinion

Question 26

Limited purpose public figure factors

Answer 26

1) whether the controvesey at issue is public in that the issue’s resolution would have widespread effect
2) the π has more than a trivial role
3) the alleged defamation is relevatn tot he π’s participation

Question 27

Actual Malice Standard

Answer 27

Must be proved by clear and convincing evidence

Question 28

Damages available for defamation

Answer 28

1) General damgaes
2) Special damages
3) punitive damages

Question 29

General damages

Answer 29

• difficult to put a number on (hurt feelings, mental suffering, etc.)
• Question of fact

Question 30

Special damages

Answer 30

• something you can put a number on (loss of employment, lost income, etc.)
• Must always be supported by evidence

Question 31

Punitive damages

Answer 31

must establish by clear and ocnvincing evidence that ∆ acted with atual malice, fraud, or gross negligence

Question 32

Types of Privileges

Answer 32

1) aboslute privilege

2) Qualified privilege

Question 33

Absolute privilege definition

Answer 33

protects members of lawmaking bodies from charges of defamation for statements made “on the floor” of their legislative bodies, without regard for whether the words are stated in good faith.

Question 34

Absolute privilege protects:

Answer 34

1) speech in a legislative or judicial forum
2) official communications or statements by public officials
3) communications between employer/employee
4) report of credit ratings
5) personal recomendations

Question 35

Qualified Privilege

Answer 35

An individual may completely, fairly, and accuratly report what happens at a governmental or judicial proceeding

Question 36

Retratction Statute definition

Answer 36

Laws that give ∆ an opportunity to correct, clarify, or retract stroy before suit can be filed

Question 37

Does TEXAS have a retraction statute?

Answer 37

YES

Question 38

Retraction statute requirements

Answer 38

• must be as prominent as alleged defamation

- typically requires taht a π request retraction before filing suit

Question 39

SLAPP suit acronym

Answer 39

Strategic Lawsuits against Public Participation

Question 40

SLAPP suit definition

Answer 40

Attempts by wealthy to silence press or critics through threat of litigation

• chilling effect on free speech

Question 41

Does TEXAS have a ANTI-SLAPP statute?

Answer 41

YES (2011)

Question 42

SLAPP Suit burdenof proof

Answer 42

• Allows ∆ to show that the suit regards a public concern

- If shown, the burden shifts to the π to show a prima facie case

Question 43

Can fiction be libelous?

Answer 43

YES

Question 44

Summary judgement elements

Answer 44

1) no issue of material fact; and

2) one party is entitled to judgement as a matter of law

Question 45

Defamation is both a question of fact and law

Answer 45

1) Question of FACT: whether the statement was reasonably capable of a defamatory impression
2) Question of LAW: Whether the statemetn was actually understood as being defamatory