Defamation

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Defamation

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Defamatory language of or concerning the plaintiff published by the defendant to a third person causing damage to the plaintiff's reputation.
*publication does not require intent, can be negligent

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Damages Requirement (defamation)

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Libel--printed defamation; damages presumed
*radio and television=libel
*minority jurisdiction: per se and per quod
Slander--oral defamations
*per se--particularly harmful language; Damages presumed
*not per se--need to demonstrate actual harm=economic harm

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Slander Per Se Categories

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-Statement about the P's business
-Statement that P has made a crime of moral turpitude
-A statement imputing unchastity to a woman
-A statement that P suffers from a loathsome disease

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Affirmative Defenses

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Consent
Truth
Privilege

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Defamation and public concern

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When defamation involves a matter of public concern, P must also prove the falsity of the statement and fault on the Defendant.
*Public Official/public person=NY Times v. Sullivan, malice; knowledge that the statement was false or reckless disregard for falsity
* material change in quote
Private person=negligence (Gertz v. Welch)

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Public figure

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A person that has achieved pervasive fame or notoriety by voluntarily assuming a central role in a particular public controversy

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Absolute Privilege

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Spouses--if a married couple communicates defamatory information to a spouse and no one else it is privileged
Officers of the three branches of government--judicial proceedings, legislators in debate, federal executive officials in compelled broadcasts

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Qualified Privilege

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Granted by the court whenever there is a public interest for candor
*references for a job
*statements made to the police
*need to be speaking in good faith and confine statements to the matters to the public policy concerns for candor
*lost if abused with malice