Defamation

Question 1

Defamation (Def.)

Answer 1

A defamatory statement made of or concerning the P

Question 2

Defamatory Statement

Answer 2

One that adversely affects P’s reputation

Question 3

Colloquim

Answer 3

When Def. does not refer to P by name by includes enough information to identify P

Question 4

Publication Requirement

Answer 4

Def. must publish the statement to “at least one person other than P.”

Question 5

Libel

Answer 5

Any defamation that is permanent or semi-permanent in format; damages are presumed

Question 6

Slander

Answer 6

A spoken defamatory statement

Question 7

Categories for Slander per se

Answer 7

(1) speaks of P’s business or profession;
(2) P committed a crime of moral turpitude,
(3) imputes unchastity to a woman;
(4) statement that P suffers from a loathsome disease

Question 8

Defenses to Defamation

Answer 8

(1) Consent
(2) Truth
(3) Privileges (Absolute/Qualified)
(4) Special Case of Public Concern

Question 9

Absolute Privilege

Answer 9

Status of Def. (between spouses; gov’t officials in the course of official duties (extends to lawyers/witnesses in court); media when making reports of “compelled” public proceedings

Question 10

Qualified Privilege

Answer 10

Circumstances (any case where there is public interest in encouraging candor)

(1) Def. must have reasonable belief that statement is true
(2) Def. must confine himself to matters relevant to subject of conversation

Question 11

Specifial Cases of “Public Concern”

Answer 11

Due to 1st Amendment for Def. to be guilty of defamation in matters of public concern:
1. P must prove falsity of statement and fault (Def. had no reasonable belief in truthfulness). If P is a private figure: P only has to show Def. was negligent. If P was public figure need P must prove malice (knowledge of falsity or reckless disregard for truth)