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13 Cards in this Set
- Front
- Back
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Elements of Defamation
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1: make a defamatory statement about Plaintiff
2: statement must be published 3: damages, maybe |
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When is a statement defamatory?
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When it
1: adversely affects plaintiff's reputation 2: through a statement f fact that reflects negatively on a trait of character. |
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Is a statement of opinion defamatory?
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Depends on whether the statement conveys facts implicitly.
A PURE statement of opinion is not actionable. |
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Can you defame the deceased?
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NO. NEED a living plaintiff.
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Define: Publication
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Defendant must share the statement with one other person.
May be accomplished through negligence. |
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Define: Libel
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Defamation that is written down or otherwise preserved in permanent form.
Damages are PRESUMED. |
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List: Slander Per Se (4)
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No need to prove damages:
1: statement about business or profession 2: statement about crime of moral turpitude 3: statement imputing unchastity to a woman 4: statemetn that Plaintiff has a "loathsome disease" |
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NYS Distinction: Slander Per Se
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imputation of homosexuality is slander per se.
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Rule: Proving Damages
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If not Libel or Slander per se, must prove damages.
Must be economic harm--emotional distress does NOT count. |
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List: Defenses to Defamation (4)
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1: Consent (same as intentional torts)
2: Truth - affirmative defense 3: privilege 4: Special First Amendment Cases |
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Absolute Privilege Defenses
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1: spouses--if only communicated to spouse, no liablity
2: officers of the government in the scope of their official duties (includes lawyers and witnesses in court proceedings) |
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Qualified Privilege Defenses
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Depends on the subject matter of the speech. Courts make up in areas where the public interest is for candor.
Defendant must observe 2 limitations 1: good faith--reasonable belief in accurace 2: must be topically related to the subject matter of the privilege |
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Matters of Public Concern Defense
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For public figures:
1: must prove falsity 2: must prove that statement was made with KNOWLEDGE that it was false. For private figures: 1: must prove falsity 2: must prove negligence in investigating the falsity of the statement |
