Dignitary Torts

Question 1

Defamation - Federal and MI

Answer 1

Defendant (1) makes a false and defamatory statement (2) about Plaintiff that is (3) to a unprivileged third party who understands it and (4) it damaged to P’s reputation.

(5) with fault in MI P must show fault of at least negligence.
- Gossiper’s Rule: republisher of a defamatory statement is just as liable as original publisher.

• Matter of Public Concern, Public Official or Public
  Figure: Need to prove all 5 elements above, plus falsity and fault.

1. Falsity - P must prove the statement was false.
2. Fault - P must prove D was at fault, actual malice for Public official and negligence if public figure.

Question 2

Defamation - Public Figures, Public officials, and matters of public concern additional elements

Answer 2

1. Public figure: Famous person or someone who voluntarily assumes a central role in a public matter.
2. Public official: public office holder
3. Matter of Public concern: statement relates to a community interest or concern

If defamation involves a public figure /concern P must prove:

Falsity - P must prove the statement was false.
Fault - P must prove D was at fault; standards differ for public vs. private figure
—Public official or figure: must show actual malice.
—Private figure: negligence standard

Question 3

Slander

Answer 3

Slander is a spoken defamatory statement or gesture.

P must prove special damages unless the statement is “Slander Per Se”

Slander Per Se - a defamatory statement that:

(a) P Commited a crime of moral turpitude
(b) Damages P’ business or professional reputation
(c) P has a loathsome disease
(d) P has committed sexual misconduct

Question 4

Libel

Answer 4

Libel is a printed, recorded, and distributed defamatory statement. (TV, Radio, Web, email all qualify)

P does not have to prove special damages.

P does not have to show actual damages. Harm to reputation gives P presumption of damages.

Libel Per Quod - if statement requires proof of defamation then P must prove special damages or meet Slander Per se elements.

Question 5

Defenses to Defamation

Answer 5

Consent, truth and privilege are all valid defense to defamation.

1. Consent: P consented to having private / damaging comments made about him to certain 3rd parties. (i.e. background checks).
2. Truth: Complete defense
3. Privilege
   a) Absolute Privilege- protects statements made by gov officials in their official capacity.

b) Qualified Privilege - D’s liability is limited if is to promote truthfulness. (i.e. Telling friend that new BF is a rapist, or employer that new hire was convicted of fraud)

Question 6

Defamation Damages MI and Federal

Answer 6

1. Michigan and Federal
   (a) P can recover actual damages suffered if statement caused harm to property, business, trade, profession, occupation, or feelings.
2. Michigan
   (a) Public P (not Private P) may recover punitive damages if D showed malice AND Public P suffered injury and anguish from a sense of indignation due to D’s statement.