Defamation Flashcards

1
Q

common law elements

A
  1. defamatory language
  2. of or concerning plaintiff
  3. publication by defendant to a third person
  4. Damage to plaintiffs reputation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Constitutional Elements

A

all four elements plus falsity of the statement and fault on the part of defendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

defamatory language

A

language tending to adversely affect one’s reputation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

who can be defamed?

A

any living person (includes corporation sometimes) A dead person cannot be defamed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

of or concerning the plaintiff

A

p must establish that a reasonable reader, listener, or viewer would understand that the defamatory statement referred to the plaintiff.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

colloquium

A

if statement is not refer to p on its face, p can prove by extrinsic evidence that statement refers to p

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

defamation of large group

A

no one wins

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

some members of small group

A

recover if a reasonable person would view the statement as referring to the plaintiff.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Publication

A

communication of the defamation to a third person who understands it. cannot be to the plaintiff.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

liable

A

primary publishers (newspapers, TV stations, etc,) are liable to the same extent as the author or speaker. internet is not a publisher. secondary publisher such as selling papers or playing tapes is only liable if knows it is defamatory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

libel

A

written or printed. general damages are presumed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Slander

A

spoken and need to prove special damages if in one of the slander per se categories.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

slander per se categories

A

statements that

  1. adversely reflect on one’s conduct in a business or profession
  2. one has a loathsome disease
  3. one is or was guilty of a crime involving moral turpitude (most common law crimes)
  4. a woman is unchaste
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

radio and tv broadcasts

A

libel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

falsity

A

p has burden of proving this if it is a matter of public concern.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Public official or figure

A

actual malice - knowledge or reckless disregard as to truth or falsity

17
Q

private person

A

p must prove negligence regarding the falsity if the statement involves a matter of public concern. only actual injuries are recoverable.

18
Q

defenses to defamation

A

consent
truth
absolute privilege
qualified privilege

19
Q

Absolute privilege

A

remarks made during judicial proceedings, by legislators during proceedings by federal executive officials, in compelled broadcasts, between spouses

20
Q

qualified privilege

A

reports of official proceedings, statements in the interest of the publisher-defense to one’s actions, property, or reputation, statements in the interest of the recipient, and statements made in the common interest of the publisher and the recipient.