Defamation

Question 1

(1) Defamation Definition

Answer 1

False, defamatory statement of fact that attaches to the plaintiff that was intentionally or negligently published and is damaging to reputation through slander, slander per se, or libel.

Question 2

(2)

Answer 2

What was the statement?

Question 3

(3) False Statement of Fact definition

Answer 3

A statement that is not substantially true that can be proven true or false and the person is intending to be factual. Must not be an opinion or hyperbole. Theprivater person plaintiff has burden of proof regarding private concerns.

Question 4

(4)

Answer 4

Is it false?

Question 5

(5) Defamatory Statement

Answer 5

Communication tending to damage the plaintiff’s reputation by diminshing respect, good will, confidence, or esteem in which he is held to excite adverse or unpleasant feelings about him in a respectable segment in society.

Question 6

(6)

Answer 6

Attaches to P

• one person with knowledge of the surrounding circumstances could reasonably connect the stament to P.
• Group: small (everyone can sue), medium (depends on intensity), large (no one can sue)

Question 7

(7)

Answer 7

Published?

• Intentional: desire or knowledge to a substantial certainity to publish and but for the intentional publishing P’ reputation would not be injured.
• Negligence: Pg v BU

Question 8

(8) a

Answer 8

Was it damaging?

What type of defamation?

Question 9

(8) b Types of Defamation

Answer 9

1. Slander: (Oral or transitory)
2. Slander per se: (Business/Profession, Serious Crime, Unchastity, Loathsome Disease)
3. Libel: (Written or Permanent)

Question 10

(9)

Answer 10

Constitutional: The first amendment protection of free must be weighed against the common law rights.

Question 11

(10) False statement as to truth

Answer 11

As to a public concern with private person

Question 12

Public Person

Limited Public Figure

Answer 12

1. Pre-exisiting purpose publib conterversy
2. Did P play a significant role in the pre-existing controversy?
3. Statement relevant to controversy.

Question 13

(10) B Public Figure

Answer 13

Policy makers, candiates, those who have substantial responsibilty or control over governmental affairs.

Question 14

(10) C All Purpose Public Figure

Answer 14

1. Pre-existing public controversy
2. Play significant role in controversy/thrust themselves into controversy
3. Statement made is relevant to controversy.

Question 15

Public or Private Concern?

Answer 15

Look at content, form, context.

Question 16

Standards

Answer 16

• Public: NY Times
• Private P/Public concern: Gertz
• Private P/Private Concern: N

Question 17

Common Law Defenses

Answer 17

1. AbosoluteL Judicial, Leglistative, Executive within scope of job.
2. Conditional: P must prove statement was made to protect themselves or others.