(1) Defamation Definition
False, defamatory statement of fact that attaches to the plaintiff that was intentionally or negligently published and is damaging to reputation through slander, slander per se, or libel.
What was the statement?
(3) False Statement of Fact definition
A statement that is not substantially true that can be proven true or false and the person is intending to be factual. Must not be an opinion or hyperbole. Theprivater person plaintiff has burden of proof regarding private concerns.
Is it false?
(5) Defamatory Statement
Communication tending to damage the plaintiff's reputation by diminshing respect, good will, confidence, or esteem in which he is held to excite adverse or unpleasant feelings about him in a respectable segment in society.
Attaches to P
- one person with knowledge of the surrounding circumstances could reasonably connect the stament to P.
- Group: small (everyone can sue), medium (depends on intensity), large (no one can sue)
- Intentional: desire or knowledge to a substantial certainity to publish and but for the intentional publishing P' reputation would not be injured.
- Negligence: Pg v BU
Was it damaging?
What type of defamation?
(8) b Types of Defamation
Slander: (Oral or transitory)
Slander per se: (Business/Profession, Serious Crime, Unchastity, Loathsome Disease)
Libel: (Written or Permanent)
Constitutional: The first amendment protection of free must be weighed against the common law rights.
(10) False statement as to truth
As to a public concern with private person
Limited Public Figure
Pre-exisiting purpose publib conterversy
Did P play a significant role in the pre-existing controversy?
Statement relevant to controversy.
(10) B Public Figure
Policy makers, candiates, those who have substantial responsibilty or control over governmental affairs.
(10) C All Purpose Public Figure
Pre-existing public controversy
Play significant role in controversy/thrust themselves into controversy
Statement made is relevant to controversy.
Public or Private Concern?
Look at content, form, context.
Public: NY Times
Private P/Public concern: Gertz
Private P/Private Concern: N
Common Law Defenses