Defamation

Question 1

What are the four elements of a defamation?

Answer 1

1. If the defendant’s defamatory language;
2. Is of or concerning the plaintiff;
3. Is published to a third party who understands its defamatory nature; and
4. It damages the plaintiff’s reputation.

Question 2

What must the plaintiff prove for defamation for matters of public concern?

Answer 2

1. If the defendant’s defamatory language;
2. Is of or concerning the plaintiff;
3. Is published to a third party who understands its defamatory nature; and
4. It damages the plaintiff’s reputation.
5. Fault on the part of the defendant

Question 3

If the plaintiff is either a public official or a public figure, what must be proved?

Answer 3

1. If the defendant’s defamatory language;
2. Is of or concerning the plaintiff;
3. Is published to a third party who understands its defamatory nature; and
4. It damages the plaintiff’s reputation.
5. actual malice

Question 4

What is defamatory language?

Answer 4

Language that diminishes respect, esteem, or goodwill toward the plaintiff, or that deters others from associating with the plaintiff.

Question 5

What does “Of or Concerning” the plaintiff mean?

Answer 5

A reasonable person must believe that the defamatory communication refers to this particular plaintiff and holds him up to scorn or ridicule in the eyes of a substantial number o respectable members of the community.

Question 6

When defamation applies to a group, has can a plaintiff proceed?

Answer 6

Only if the group is so small that the matter can reasonably be understood to refer to that member, unless there is other evidence that the language refers to that particular member.

Question 7

Can a deceased person be defamed?

Answer 7

No

Question 8

Can a corporation, partnership, or uncorporated association be defamed?

Answer 8

Yes

Question 9

What is publication?

Answer 9

When it is intentional or negligent communication to a third party, i.e. to someone other than the person being defamed.

Question 10

Is a person who repeats a defamatory statement liable for defamation?

Answer 10

Yes

Question 11

Who is a public official?

Answer 11

Someone in the hierarchy of government employees who has or appears to have, substantial responsibility for or control over the conduct of government affairs.

*Candidates for public office are treated as public officials.

Question 12

Who is a public figure?

Answer 12

1. General public figures-plaintiffs who occupy positions of such persuasive power and influence in society that they are deemed public figures for all purposes; and
2. Limited purpose or special purpose public figures- plaintiffs who thrust themselves to the fore front of particular public controversies.

Question 13

What protection does a private individual have for statements that involves matters of public concern?

Answer 13

The defendant is entitled to limited constitutional protections, though not as significant as those available when the person being defamed is either a public official or a public figure.

Question 14

What protection does a private individual have for statements that do not involve matters of public concern?

Answer 14

There is no constitutional restrictions

Question 15

What is falsity?

Answer 15

The statement is false

Question 16

What type of defeamation does failsity aplly to?

Answer 16

Matters of Public Concern

Question 17

What type of defamation does fault apply to?

Answer 17

1. Public figures or public Officials- actual malice

2. Private individuals matters of public concern- negligence or actual malice

Question 18

What is fault?

Answer 18

Proof that the defendant acted with actual malice
*(has knowledge that the statement was false or acted with reckless disregard for the truthfulness of a statement”

*The plaintiff must prove that the defendant entertained serious doubts about its truthfulness

Question 19

What is libel

Answer 19

Defamation by words written, printed, or otherwise recorded in permanent form.

Question 20

Are damages presumed for a libel cause of action?

Answer 20

Yes

Plaintiff only need to prove general damages

Question 21

What is Libel per quod?

Answer 21

When the nature of the defamatory statement requires proof of extrinsic facts to show that the statement is defamatory, the plaintiff must prove either special damages or that the statement fits into one of the four categories of slander per se.

Question 22

What is slander?

Answer 22

Defamation by spoken word, gesture, or any form other than libel is slander.

Question 23

What damages must be proven to recovery for slander cause of action?

Answer 23

Require proof that a third party heard the defendant’s defamatory comment and acted adversely to her.

*special damages involve an economic loss to the plaintiff.

Question 24

What is doctrine of slander per se?

Answer 24

A plaintiff alleging slander need not pleas and prove special damages if the statement defaming her fits into one of four categories:

1. Committing a crime
2. Conduct reflecting poorly on the plaintiff’s trade or profession
3. Having a loathsome disease
4. Sexual misconduct.

Question 25

What are the defenses to Defamation?

Answer 25

1. Truth 2. Consent 3. Absolute Privileges 4. Qualified (conditional) privilege

Question 26

What is a qualified privilege?

Answer 26

Statements made under the following circumstances: 1. In the interest of the publisher (such as defending his reputation) 2. In the interest of the recipient of the statement or a third party or 3. Affecting an important public interest.