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11 Cards in this Set
- Front
- Back
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DEFAMATION |
1. Defamatory statement 2. of or concerning the plaintiff 3. published to a 3rd party 4. that damages the plaintiff's reputation |
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TYPES OF DEFAMATION |
Libel - Written (and television/radio) Slander - Oral (spoken) Slander per se (about business, moral turpitude, infectious disease, unchaste of a woman, etc) |
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DEFAMATION - PUBLIC CONCERN CONSTITUTIONAL DEFAMATION |
If statement about public figure or matter of public concern, must also prove 1. Falsity 2. Fault on part of defendant If public figure - must prove malice. If private figure, must prove negligence |
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DEFENSES TO DEFAMATION - QUALIFIED PRIVILEGE |
Defense unless actual malice and knowledge of falsity of statement are proven. Reports of official proceedings, statements in interest of publisher and statements in interest of recipient Privilege is lost if statement is not within the scope of the privilege or if speaker acted with malice |
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DEFENSE TO DEFAMATION - ABSOLUTE PRIVIELGE |
Complete defense for statement made within course of duties within executive, judicial or legislative branch |
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DEFENSE TO DEFAMATION - CONSENT AND TRUTH |
Consent - complete defense Truth - Defendant must prove statement is not false |
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FALSE LIGHT |
Requires: 1. Attributing view to plaintiff he doesn't hold or actions he didn't take 2. That are objectionable to a reasonable person 3. Publicity 4. and done w/malice if a mater of public interest |
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INTRUSION UPON SECLUSION |
Requires: 1. Act of prying or intruding 2. that is objectionable to a reasonable person and 3. That occurred in private - public intrusions are no actionable |
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PRIVATE FACTS |
1. Public disclosure of private information about plaintiff 2. that is objectionable to a reasonable person and 3. causation 1st amendment protections may apply if matter of public concern |
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APPROPRIATION OF PLAINTIFF'S PICTURE OR NAME |
1. Unauthorized use of plaintiff's likeness 2. for a commercial advantage Liability generally limited to advertisement or promotions of products or services. Mere economic benefit to defendant is insufficient. Must also show causation. Emotional distress, mental anguish are sufficient. Right to privacy is personal and doesn't extend to family, survive death or is assignable |
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DEFENSES TO INVASION OF PRIVACY |
Consent Absolute and Qualified privilege (defeats false light and disclosure) NOT truth |
