Defamation Flashcards
What are the elements of the Prima facie case for Defamation?
What are the elements of the Prima facie case for Defamation?
- Defamatory statement adversely affecting P’s reputation (including innuendo),
- Of or Concerning the P (using a reasonable listener standard)
- Published to a 3rd person who understood it (either intentionally or negligently)
- Damage to P’s Reputation as libel (written or recorded) or slander (spoken)
Defamation
When is opinion language actionable as a Defamatory Statement?
Defamation
When is opinion language actionable as a Defamatory Statement?
Opinion language is actionable only where based on specific facts AND express allegation of those facts would be defamatory
Defamation–Of or Concerning the P
How does one argue that a person was defamed in Colloquium?
Defamation–Of or Concerning the P
How does one argue that a person was defamed in Colloquium?
Colloquium: P must introduce additional extrinsic facts to show stmt actually referred to P.
Defamation–Of or Concerning the P
How do you show that a Small Group was defamed?
Defamation–Of or Concerning the P
How do you show that a Small Group was defamed?
- Small Group: Defaming ALL members of SMALL group only requires that EACH member proves membership.
Defamation-Publication
When are Primary Publishers and Republishers liable
vs
when are Secondary Publishers liable?
Defamation-Publication
- Primary Publishers and Re-publishers are liable to the same extent as the original speaker.
- Secondary Publishers: (e.g. news stand) only liable if they knew/should have known of the defam content
Defamation-Damage to P’s Reputation
What damages are there for Libel?
Defamation-Damage to P’s Reputation
What damages are there for Libel?
Libel-General damages are presumed injurious and NO need to prove special damages (monetary loss).
Defamation–Damage to P’s Reputation
What are the elements of trade libel?
Defamation–Damage to P’s Reputation
What are the elements of trade libel?
Trade Libel Elements:
1) Publication,
2) of a disparaging statement about a business
3) that D knows is false or reckless disregard for truth and
4) P suffered economic harm.
Defamation–Damange to P’s Reputation
What damages must be proved for Slander?
Must prove Special Damages (i.e. pecuniary loss) for Slander unless it’s slander per se.
Defamation–Damange to P’s Reputation
What is Slander Per Se?
Defamation–Damange to P’s Reputation
What is Slander Per Se?
Slander Per Se: Injury is presumed (not plead) in slander per se categories (business & profession, loathsome disease, crime of moral turpitude (larceny, perjury, adultery), unchastity of woman).
Defamation
What are the constitutional elements for defamation?
Defamation
What are the constitutional elements for defamation?
Falsity AND either:
Fault/A.M. (for Public Figure/Concern)–OR—Negligence (Private Figure)
Defamation–Constitutional Elements
What is Falsity?
Falsity-Statement was untrue (if this fails try separate theory of False Light Privacy or IIED)
Defamation-Constitutional Elements
What is Fault/Actual Malice?
Defamation-Constitutional Elements
What is Fault/Actual Malice?
- Knowledge that statement was false; or
- Reckless disregard as to it truth or falsity
Defamation
What are the Defenses to Defamation?
ATCQ
ATCQ
A Tribe Called Quest
Absolultion Truth, Consent, Qualified Privilege
Defenses to Defamation
What is Absolute Privilege?
Defenses to Defamation
Absolute Privilege: avoids liability for defamatory statements made during:
- Judicial, Legislative, and Executive Proceedings,
- “Compelled” Broadcasts or Publications, and
- Communications Between Spouses.
Defamation Defenses
When is Truth a defense to defamation?
Defamation Defenses
When is Truth a defense to defamation?
Truth is a complete defense in non-constitutional defamation cases.
