OTHER TORTS: DEFAMATION

Question 1

Defamation

Answer 1

Requirements:

1) Defamatory language,
2) of or concerning P;
3) Publication by D to a third person; and
4) Damages, possibly. If libel or slander per se, damages presumed. If any other slander, damages must be proven with some showing of economic harm.

Question 2

If Defamation is matter of public concern

Constitutional Defamation

Answer 2

P must also prove:

1) Falsity of the statement; and
2) Fault on D’s part, in addition to the 4 basic requirements.

Question 3

Defamation:

If Plaintiff is Public Figure

Answer 3

Must prove malice (e.g. D knowing of the falsity or

acting in reckless disregard), in which case damages are presumed.

Question 4

Defamation:

If Plaintiff is Private Figure

Answer 4

Must only prove negligence, in which case P must prove damages.

Or demonstrate malice, in which case damages are presumed.

Question 5

Defenses to Defamation

Answer 5

Consent
Truth
Privilege

Question 6

Defenses to Defamation:

Absolute vs. Qualified Privilege

Answer 6

Absolute – spouses (no publication); and officer of gov’t 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.