Defamation Flashcards
1
Q
Defamation: Elements
A
(1) Defamatory statement;
(2) Of or concerning P;
(3) Publication to third party;
(4) Damage to P’s reputation
2
Q
Defamatory Language
A
Statement must be FALSE in order to be actionable
An opinion is not defamation
3
Q
Public Figure
A
P must prove D acted with MALICE
Malice = D either knew that the statement was false or was reckless with regard to the truth
4
Q
Private Figure: Matter of Public Concern
A
P must prove:
(1) Statement is FALSE; and
(2) D SHOULD HAVE KNOWN statement was false
5
Q
Private Figure: Not a Matter of Public Concern
A
NOT required to prove falsity
6
Q
Libel
A
Written defamation
7
Q
Slander
A
Spoken defamation
