Defamation 3

Question 1

defamation: fault, private concern proof

Answer 1

constitutional restrictions do not apply; prove publication only

Question 2

Defamation defenses (3)

Answer 2

1. qualified privilege
2. truth
3. absolute privilege

Question 3

defamation defenses: qualified privilege

Answer 3

communication that appears reasonably necessary to protect D’s own legitimate interests or is of interest to recipient, e.g., past employer’s reference, reports of public hearings, newsworthy events

Question 4

defamation defenses: qualified privilege exceptions (2)

Answer 4

D loses privilege if:
1. acted with malice (know falsity or recklessly disregard truth), OR
2. statement is outside scope of privilege

Question 5

defamation defenses: truth

Answer 5

If D can prove substantial truth, it would be a defense (P’s burden to prove falsity)

Question 6

defamation defenses: statements with absolute privilege (4)

Answer 6

1. statements made by legislators (or aides) on floor,
2. between federal executive officials,
3. judicial proceedings, and
4. communication between spouses

Question 7

defamation defenses: when do statements with absolute privilege lose privilege

Answer 7

when repeated in a context where there is no privilege