Economic Harm and Harm to Dignity - Defamation

Question 1

libel

Answer 1

written or other permanent form of defamation

Question 2

slander

Answer 2

spoken form of defamation

Question 3

With regard to defamation, when will damages be presumed?

Answer 3

1) when it is in the form of libel

2) when it is in the form of slander and is within one of the four per se categories

Question 4

What are the four categories of slander per se?

Answer 4

1) business or profession
2) loathsome disease (historically, leprosy or an STD)
3) crime involving moral turpitude
4) unchastity of a woman

Question 5

With regard to defamation, what does “per se” mean, and what is it with regard to both libel and slander cases?

Answer 5

It means that injury to reputation will be presumed, without proof of special damages

1) defamatory on its face (in libel cases), or
2) defamation falling within one of the four per se categories (in slander cases)

Question 6

defamatory language

Answer 6

language that tends to adversely affect one’s reputation

Question 7

defamation - prima facie case

Answer 7

1) defamatory language
2) about, or concerning, the plaintiff (it must identify the plaintiff to a reasonable reader, listener, or viewer)
3) publication of the defamatory language by the defendant to a third person, and
4) damage to plaintiff’s reputation

BUT: remember PP! If the defamation refers to a PUBLIC FIGURE/OFFICIAL or involves a matter of PUBLIC CONCERN, two additional elements must be proven as part of a prima facie case:

5) falsity of the defamatory language, and
6) fault (actual malice) on defendant’s part

Question 8

actual malice, with regard to defamation

Answer 8

1) knowledge that statement was false, OR

2) reckless disregard as to its truth or falsity (spite, hatred, and/or ill-will, alone, is not enough)