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Defamation
Part 2
| Question | Answer |
|---|---|
| Freedom of Speech. What types of speech are there? | Protected speech, unprotected speech, and defamation. A very difficult civil right with lots of "gray area." |
| Examples of speech that are not protected. | 1. Comments that create fear or apprehension of imminent harm (assault). 2. Comments that create a hostile or intimidating environment (sexual harassment). 3. Defamatory comments |
| Defamation | A false statement which tends to injure reputation; to diminish the esteem, respect, good-will, or confidence in which the plaintiff is held, or to excite adverse, derogatory, or unpleasant feelings or opinions against him. |
| 2 Types of Defamation | 1.) Slander: defamatory comments made orally 2.) Libel: published communications that may include: written comments, photos, & cartoons. |
| 4 Elements of Defamation Claims | 1.) False Statement 2.) Publication to a 3rd party 3.) Fault or negligence of the publisher 4.) Damage |
| Damages in Defamation Claims | 1. PLaintiff retains burden of proof. 2. No liability exists without intentional negligence/fault. |
| Categories of Individuals | 1.) Public Official 2.) Public Figure 3.) Limited Purpose Public Person 4.) Private Figure |
| Public Official | Someone who works for a government and draws a salary from the public payroll. Plaintiff must clearly prove the comment was made with "actual malice." |
| Actual Malice | Communication made with knowledge that it was false or with reckless disregard of whether it was false or not. |
| Public Figure | An individual who has, because of his or her activities, commanded sufficient public interest "and, therefore, have as much societal influence as government officials." |
| Limited Purpose Public Person | An individual (who) voluntarily injects himself or is drawn into a particular public controversy and thereby becomes a public figure for a limited range of issues. An individual has immediate local recognition and constant media coverage on a local level. |
| Private Figure | Individual citizens who are not involved in public issues or employed as a public official. |
| What must plaintiff demonstrate when accused as a public figure? | 1.) Defamatory comment was negligently made. 2.) Actual Injury |
| Actual Injury | Impairment of reputation and standing in the community, personal humiliation, and mental anguish and suffering. |
| Defamation Defenses | 1. Truth 2. Opinion Statements 3. Privilege (absolute privilege) |
| Absolute Privilege | Defense for members of the executive and judicial branch. |
| 2 types of Damages awarded for Defamation cases | 1. Special Damages 2. General Damages |
| Special Damages | Actual pecuniary (i.e. financial) losses that the plaintiff can prove he or she sustained as a result of the defendants comments. |
| General Damages | Nonquantifiable damages such as the presumed damage to ones reputation. Plaintiff's suing for slander must prove special damages unless the cause of action is slander per se. |
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kil4261
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