Quiz #3 Defamation

SoL for publications

Most states it's going to be 1 year for P to bring a defamatory action from the time it is spoken or published.

What is an affirmative defense to Defamation?

Truth: The D must prove that the statement was substantially true.

Pleading Defamation

When the meaning of words that defame P are clear on their face P will only have to plead & prove the basic elements for defamation (false statement, of & concerning the P, publication to 3rd parties, AND injury to reputation)

Slander Defamation

oral

Per se means

that the statement is actionable without having to show special damages

What are the elements for a defamation lawsuit?

1.) A false statement 2.) Of & concerning the P 3.) A publication of the false statement 4.) Injury to the reputation

(Slander per se) What are the 4 exceptions to the CL rule that are actionable without proof of special damages?

1.) Imputation of major crimes 2.) Loathsome disease 3.) Business, trade, profession or office 4.) Serious sexual misconduct

The Role of the Court & Jury in Defamation Lawsuits (from Belli)

1.) It is the role of the court to determine whether words are reasonably capable of a particular defamatory meaning 2.) It is the role of the jury to determine if within the context of the statement, the words would be understood by others as defamatory. (if no, dismiss) 3.) If statement bears only 1 meaning, the judge will determine if when read/heard if it is defamatory 4.) If 2 meanings the court must decide which would be attributed to the statement by whom it is addressed or may read it.

Definition of Defamation

A communication that tends to damage the P's reputation

If words on their face are NOT defamatory P would have to plead in the Colloquium, Inducement, Innuendo

Colloquium: P will plead in the complaint a formal allegation that the words were spoken of & concerning the P when the P is not identified. Inducement: P will plead extrinsic facts Innuendo: explains the particular defamatory meaning of the words.

Imputation of major crimes

Crimes of moral turpitude violate community standards For ex: murder, fraud, rape, arson, robbery & counterfeiting

Business, trade, profession or office (ex: doctors, lawyers, banker, mayor)

For protection under this category all that is required is the P be employed in the profession at the time the statement was made

What does publication mean?

Is sufficient when the false statement is communicated to only 1 person other than the one being defamed.

What is the protected interest in the tort of defamation?

It is designed to provide protection against injury to your reputation and good name

What are the types of defamation?

Libel & slander

Restatement 2nd of Torts § 568

Libel consists of the publication of defamatory matter by written or printed words, or by its embodiment in physical form, or by any other form of communication with has the potentially harmful qualities characteristic of written or printed words. Slander consists of the publication of defamatory matter by spoken words, transitory gestures, or by any form of communication other than those stated in Subsection (1)

Restatement 2nd of torts 564

One who publishes defamatory content concerning a group or class of persons is subject to liability to an individual member of it if, but only if, the group or class is so small that the matter can reasonably be understood to refer to the member, or the circumstances of publication reasonably give rise to the conclusion that there is a particular reference to the member. Note: The groups that are generally successful in p pursuing group libel actions number

Terwilliger slander expanded to sounds

P must allege and prove that they suffered special damages as an injury due to the disparaging words. There must be a nexus between the disparaging words and the injury suffered by the plaintiff as a result of the attack on his or her reputation.

How is slander treated under common law?

P was required to provide evidence of pecuniary damages (exception: slander per see) - Broadened to include sense of hearing SLANDER IS HARDER

Libel defamation

Printed or written

Works of Fiction

RoL:A character in a book modeled after a real person may be libelous if a reasonable person reading the book would understand that the fictional character therein depicted was, in actual fact, the plaintiff. Test: Whether a reader with knowledge of the surrounding circumstances, could have reasonably understood that the words referred to P.

Defamatory Broadcasts (Common Law & Statutory)

The publication of a book, periodical, or newspaper containing defamatory matter gives rise to only one cause of action for libel, which accrues at the time of the original publication. CL: Every sale or delivery of libelous matter was a new publication...therefore, a new cause of action accrued on each occasion - Thus, each sale or delivery of a copy of the offending material gave rise to a new and separate cause of action

Loathsome disease

This category of slander was designed to protect individuals from the imputations of statements made regarding the individual & certain diseases that during the early development of law would have resulted in the exclusion of the individual from society. For ex: permanent & incurable diseases that exclude others from society (like leprosy & aids)

Basic rules of group defamation?

When the group is large, no one will be able to sue. When a group is small & each member is referred to, each individual member can sue.

How is libel treated under common law?

libels were treated as "per se" actionable without a showing of injury to reputation. - Damages were presumed - Broadened to include sense of sight

Serious sexual misconduct

this category of slander was designed to protect against statements that imputed unchastity to a woman. (now both genders)