Defamation and its Defenses

Question 1

Defamation Elements

Answer 1

(1) Defamatory language (2) of or concerning the P (3) Publication to 3rd party AND (4) Damage to P’s reputation.

If defamation is a matter of public concern, add two more elements: (5) falsity and (6) fault of D.

Question 2

Defamatory language

Answer 2

Tends to adversely affect one’s reputation

Question 3

Libel

Answer 3

written or printed publication of defamatory lang. P does not need to prove special damages and general damages are presumed.

Question 4

Slander

Answer 4

Slander is spoken defamation. P must prove special damages (unless slander per se.)

Question 5

Slander Per Se

Answer 5

These 4 fall in slander per se category: (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 (4) A woman is unchaste

Question 6

First Amendment Concerns - Matters of Public Concern

Answer 6

In addition to the common law elements, P must prove (1) Falsity of the statement and (2) Fault on the part of the D.

Question 7

Fault Required - Public Official or Public Figures

Answer 7

Actual malice (knowledge of falsity or reckless disregard as to truth or falsity).

Question 8

Fault Required - Private person in matter of public concern

Answer 8

At least negligence as to statement’s truth or falsity

Question 9

Fault Required - Private person in matter of private concern

Answer 9

No fault as to truth or falsity need to be proved.

Question 10

Defenses to Defamation

Answer 10

(1) Consent
(2) Truth
(3) Absolute Privilege (remarks made during judicial proceedings, by legislators during proceedings, by federal executive officials, in compelled broadcasts, and between spouses.) and
(4) Qualified Privilege - **can be lost through abuse i.e. not within the scope of report