Defamation Flashcards
Elements of Defamation
1) Defamatory statement
2) That specifically identifies P
3)Published to 3p
4) Falsity
5) Fault
6) Damage to P’s Reputation
What is colloquiam?
If Defam. stmt does not refer to P on its face, extrinsic evidence can be introduce to establish stmt refers to P
What happens if a Defam stmt. refers to all members of small group?
All members can establish it ID’s them.
What happens if a Defam stmt. refers to some members of small group?
P can recover if reasonable person would view stmt as referring to P.
What is sufficient for publication? what is insufficient?
One additional person is sufficient. Defamatory statement made only to P is insufficient.
How liable are newspaper Tv stations if they are primary publishers?
If primary Same extent as speaker.
What is the traditional rule of Falsity?
P did not have to prove statement was false, and D had to prove truth as defense.
If a true statement is made on the exam, what other actions are available?
Intentional infliction of Emotional distress
Invasion of right to privacy (unless pub figure/matter of public corner)
What must public officials/figures prove?
Actual malice. Knowledge/reckless disregard of whether it was false.
What is a public figure?
1) Someone achieving fame, notoriety
OR
2) assumes central role in public controversy
What can deliberately altering a quote do?
Can establish malice if alteration materially changes meaning of quote.
What does “malice in defamation is a subjective test” mean?
D’s spite/I’ll will is not enough.
In a matter of public concern, what must a private person prove? What is recoverable?
Negligence. Only actual injuries.
What does actual injuries constitute?
1) Economic damages
2) Damages to reputation
3) personal humiliation
How do courts determine if it’s a public concern?
The content, form and context of publication.
What does the status of Plaintiff affect?
Only the degree of fault required.
What is libel?
Defamation embodied in PERMANANT FORM.
What does P have to prove in libel damages?
General damages are presumed.
What is slander?
Spoken defamation.
What is slander per SE?
Statements that
1) affect P’s business/profession
2) P has committed serious crime
3) P has done serious sexual misconuct
4) Loathsome disease
What does truth do?
If D has to prove, it’s a complete defense.
What are absolute priveleges for defamation?
Common between spouses
2) judicial proceeding
3) legislators during proceedings (even unrelated)
4) Fed Exec officials in compelled broad casts
What is qualified privilege?
Public interest encourages candor
