IV. Defamation

Question 1

Prima Facie Case (Common Law)

Answer 1

1. Defamatory Statement
2. of and concerning the plaintiff
3. that is published to a 3P
4. and results in damages to the Palintiff

Question 2

Defamatory STatement

Answer 2

• Statement is one that injures the plaintiff’s reputation
  
  • e.g. doctor a buffoon versus he performs unecssary surgeries knowingly
• Defendant bears burdne to show that the statement is truth, which is a defense at common law

Question 3

Of and Concerning

Answer 3

• statement must reasonably be understood to refer to the plainiff
• Georgia: when said about group, each member must establish applicatin to himself

Question 4

Publication

Answer 4

• statement must be communicated to a 3P
• 3P must capable of understanding the statement
• Publication must be intentional–distinguish from intent to defame

Question 5

damage to Plaintiff

Answer 5

• When spoken, must prove special damages
• when written or braodcast, jury may presume damages
  
  • Georgia requires special damages unless it fits into one of the below categories
• May recover presumed damages in cases of slander per se:
  
  • a stement impunes plaintiff in his trade, office or profession
  • accuse palintiff of a serious crime
  • laothesome disease to P
  • unchastity to a woman
• Georgia only allows first three plus a category for disparaging words productive of special damages

Question 6

Common Law Defenses

Answer 6

1. Truth
2. Absolute Priviliege
3. Qualifeid Privilige

Question 7

Absolute Privilige

Answer 7

• Common Categories:
  
  • statements in judicial proceedings
  • statements made during leg or exec proceedings particularly debate
  • communication b/w spouses (ga conditional privilige
• If applies, applies no matter defendant behavior. Malice not a defense

Question 8

Qualified Privliges

Answer 8

• Exercise of a public duty
• Private duty
• Speaks in one’s own interset
• comments of counsel
• public figure

Question 9

Constitutional Limitations

Answer 9

• First Amendment protects speech on matters of public concern. When that applies two elements necessary
  
  • Falsity: P must prove statement was false
  • Fault: prove that P had fault
    
    • public persons–acutal malice (knowledge of falsity or reckless disregard)
    • Private Persons/Matters of pub concern: must prove at least negligence
• Damages: all p must prove actual malice at least against media defendants to recover presumed or punitive damages