Defamation Flashcards
Defamation elements
Damage to p’s reputation
Publication of or concerning p
Causation
Injury
Romaine
Is a statement reasonably susceptible of a defamatory meaning?
Black migration book case
Davis
Statement has defamation if: precise meaning, able to be proved true or false, it’s opinion and not fact.
Matherson
Evaluate the meaning or stigma of a statement and then determine if reasonably susceptible of a defamatory meaning.
Defamation defenses
Masson: is the sting of the statement would have the same effect on the audience
Desnick: if the statements are closely related to the truth
Medio
Defamation defenses
D must show: a report of official action open to the public: matter of public concern: accurate. Unless the privilege was abused or publishes for the sole purpose of harming the d.
Lieberman
Defamation defense
Must show that d made a statement to a third party in which both had common interest
D can waive that if acted with malice, ill will or recklessness to the falsity of the statement.
Public Disclosure of Private fact
Haynes v. Alfred
Private facts have to be publicized in a way which would deeply offend the person and the public would have no legitimate interest in them.
Intrusion
Nader v General Motors
Court should weigh the confidential nature of the intrusiveness and the method of inquiry whether it was acquired through ordinary inquiry or observation
Intrusion
Shulman
The interference must be with a private place and in a manner offensive to a reasonable person
Cares about the motive
Privacy
Zucchini v scripps
P must show that the whole act was one for which p usually received money and that d acted without p consent
Privacy
Winter
Must show that d used p likeness without p consent for the purpose of selling: must be injury: u less d can show the use of significant transformative likeness
