Harm To Economic And Dignitary Interests

Question 1

Prima facie case of defamation

Answer 1

(1) defamatory language;
(2) of or concerning the plaintiff;
(3) publication thereof by defendant to a third person; and
(4) damage to plaintiffs reputation

If the defamation involves a matter of public concern, Constitution requires the plaintiff to prove two additional elements:

(5) falsity of the defamatory language; and
(6) fault on the part of defendant.

Question 2

Defamatory language

Answer 2

Defamatory language is defined as language tending to adversely affect one’s reputation. A statement of opinion is actionable only if it appears to be based on specific facts, and an express allegation of this fact will be defamatory. Name-calling is insufficient.

If the statement is not defamatory on its face, plaintiff may plead additional facts as inducement to establish the defamatory meaning by innuendo.

Any living person may be defamed. Defamation of a deceased person is not actionable.

Question 3

Of or concerning plaintiff requirement

Answer 3

The plaintiff must establish that a reasonable reader, listener, or viewer would understand that the defamatory statement referred to the plaintiff.

If the statement does not refer to plaintiff on its face, extrinsic evidence maybe offered to establish that the statement refers to the plaintiff.

Question 4

Group defamation

Answer 4

If the defamatory statement refers to all members of a small group, each member may establish that statement is of and concerning him by alleging that he is a member of the group.

If it is a large group, no member can prove that this statement is having concerning him.

If the statement only refers to some members of a small group, plaintiff can recover if a reasonable person would view the statement as referring to plaintiff

Question 5

Publication requirement of defamation

Answer 5

Publication means communication of the defamation to someone other than the plaintiff. Such publication can be made either intentionally or negligently.

The statement made to a third person must be understood or there is no publication

Question 6

Damage to plaintiff’s reputation requirement of defamation

Answer 6

Type of damages plaintiff must prove depends on the type of defamation involves.

Question 7

Damages in libel cases

Answer 7

Libel is the written or printed publication of defamatory language.

Plaintiff does not need to prove special damages and general damages are presumed.

Question 8

Damages in slander cases

Answer 8

Slander is spoken defamation.

Plaintiff must prove special damages, unless defamation falls within slander per se categories

Question 9

Slander per se categories

Answer 9

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; or
4) a woman is unchaste

Question 10

Falsity requirement of defamation

Answer 10

In cases where plaintiff is constitutionally required to prove some type of fault, plaintiff also has the burden of proving falsity.

Question 11

Fault on defendant’s part for defamation case

Answer 11

Type of fault that a plaintiff must prove depends on the plaintiff’s status

Public official;

1) malice must be proved in defamation cases brought by public officials and public figures.
2) malice is defined as knowledge that the statement was false, or reckless with disregard as to whether it was false

Private person:

Where private person is the plaintiff only negligence regarding the falsity must be proved if the statement involves a matter of public concern.

Question 12

Defenses to defamation

Answer 12

1) consent is a complete defense. The rules relating to consent to intentional torts apply here.
2) if plaintiff does not need to prove falsity, defendant maybe prove truth as a complete defense.
3) Defendant may be protected by an absolute privilege for the following: remarks made during judicial proceedings, by legislators during proceedings, buy federal executive officials, and compelled broadcast, and between spouses.
4) Plaintiff may have a qualified privilege for the following: reports of official proceedings; statements in the interest of the publisher-defense of one’s actions, property, or reputation; statements in the interest of the recipient; and statements in the common interests of the publisher and recipient

Question 13

Four branches of invasion to right to privacy

Answer 13

1) appropriation of plaintiff’s picture or name
2) intrusion on plaintiff’s affairs or seclusion
3) publication of facts placing plaintiff in false light
4) public disclosure of private facts about plaintiff

Question 14

Appropriation of plaintiff’s picture or name

Answer 14

Necessary to show unauthorized use of plaintiff’s picture or name for defendant’s commercial advantage.

Liabilities generally limited to advertisements or promotions of products or services.

Question 15

Intrusion on plaintiff’s affairs or seclusion

Answer 15

Active prying or intruding must be highly offensive to a reasonable person.

The thing into which there is an intrusion must be private meaning photographs taken in public places are not actionable

Question 16

Publication of facts placing plaintiff in false light

Answer 16

False light exists where one attributes to plaintiff views he does not hold or actions he did not take.

False light must be something highly offensive to a reasonable person under the circumstances.

If the matter is in public interest, malice on the defendants part must be proved.

Question 17

Public disclosure of private facts about plaintiff

Answer 17

Public disclosure must be highly offensive to a reasonable person of ordinary sensibilities.

Liability may attach even though the actual statement is true.

Question 18

Causation in invasion of right to private

Answer 18

Invasion of plaintiff’s interest in privacy must have been proximately caused by defendant’s conduct

Question 19

Proof of special damages in invasion of right to privacy

Answer 19

Plaintiff need not prove special damages. Emotional distress and mental anguish are sufficient damages

Question 20

Defenses to invasion of right to privacy

Answer 20

Defenses include consent and a defamation privileges