MBE: Defamation

Question 1

Defamation

Answer 1

Defamatory language

Of or concerning P

Publication by D to third party and

Damages, possibly for other than libel/slander per se.

Question 2

Proof of damages for libel or slander per se

Answer 2

None, presumed.

Question 3

Matter of public concern (constitutional defamation)

Answer 3

P must also prove falsity of the statement and fault on D’s part.

Question 4

Public figure/public official

Answer 4

P must prove malice (knowing falsity or reckless disregard), in which case damages are presumed.

Question 5

Private figure

Answer 5

Only negligence, in which case she must prove damages or demonstrate malice in which case damages are presumed.

Question 6

Defenses to defamation

Answer 6

Consent

Truth

Privilege: spousal, gov. in course of official duties

Qualified privilege: public interest in promoting candor. Speaker must have a reasonable belief that info is true and speech confined to matter at hand.