DEFAMATION AND DEFENSES

Question 1

Defamation (3)

Answer 1

1. D makes a defamatory statement that specifically identifies the P
2. D publishes that statement (makes public)
3. Damages

Question 2

1. defamatory statement (traits)

Answer 2

-name calling NOT defamatory
-name or other identifying facts
Ex. managing partner at largest firm in Dade county embezzling $
-SMALL GROUP→ defames everybody
-BIG GROUP→ defames nobody

Question 3

2. D publishes that statement (makes public) (traits for defamation)

Answer 3

-must reveal to statement to AT LEAST 1 person other than P (minimum necessary to get to the jury)
-DOESN’T HAVE TO BE INTENTIONAL (can be negligent)
Ex. “Dear Pete, you’ve been stealing…” accidentally sent to his neighbor

Question 4

Damages (Defamation) (3)

Answer 4

1. slander
2. libel
3. economic harm

Question 5

Slander PER SE

Answer 5

1. oral defamatory statement
   * damages presumed

-business or profession
Ex. paul serves cat meat at his restaurant as veal
-claiming serious crime
Ex. paul murdered a man in TX last month
-imputing unchastity to a woman (NO GUYS)
Ex. Susie is a slut
-P suffers from loathesome disease
Ex. leprosy, VD

Question 6

Slander NOT PER SE

Answer 6

1. oral defamatory statement

* some evidence of damage required

Question 7

Economic Harm (defamation damage)

Answer 7

• Profits harmed, business deal ends

- NO SOCIAL OR EMOTIONAL

Question 8

Affirmative defenses to defamation (3)

Answer 8

1. consent
2. truth
3. privilege

Question 9

Privilege Defense (defamation) (3)

Answer 9

1. Absolute
2. Qualified
3. Public Concern

Question 10

Absolute Privilege (defamation)

Answer 10

spouses–> say/write ONLY to spouse

gov officers–> lawyers, judges (during duty)

Question 11

Qualified Privilege (defamation)

Answer 11

-where there is a public interest in encouraging candor (teacher rec, job rec)

1. GOOD FAITH and REASONABLE BASIS for making statement
   Ex. Paul had issue with lateness, not Paula “oops”
2. Must confine yourself to RELEVANT MATTERS
   - if not relevant you FORFEIT privilege

Question 12

Public Concern “newsworthy” (2 extra elements)

Answer 12

ex. famous athlete taking drugs, high military officer giving away gov secrets

P must prove two extra elements:
(defamation 3 plus)

4. prove FALSITY (truth presumed until proven false)
5. prove FAULT (actual MALICE)

Question 13

Public Concern “newsworthy” ((FLORIDA))–>

Answer 13

1. CANNOT GET PRESUMED DAMAGES, must get ACTUAL DAMAGES
2. (FL DIST)→ provide media D with 5 days notice of intent to sue, and if they issue retraction within 10 days of that, cannot get punitive damages

Question 14

((FLORIDA DEFAMATION 7))

Answer 14

1. a state of fact (as opposed to opinion)
2. a defamatory effect from statement
3. identification of P as subject
4. publication to a 3rd person
5. compensable damages to the plaintiff
6. falsity of statement AND
7. requisite FAULT

Question 15

((FLORIDA)) FACT v OPINION)) (test then classification)

Answer 15

1. examine in totality and context
2. weigh cautionary terms use by publisher
3. consider surround circumstances (medium of dissemination, audience, etc..)

THEN CLASSIFY AS:

(i) PURE OPINION- not actionable
(ii) MIXED OPIN and FACT- actionable bc undisclosed set of defamatory facts underlying OR
(ii) FACT- which is actionable if false and defamatory