DEFAMATION Chapter 11

Defamation DAMAGES

$, RETRACTION, COMPENSATION:TO MAKE WHOLE/FOR WHAT DAMAGES COULD HAVE BEEN. SIMPLE SLANDER=ONLY ACTUAL DAMAGES SLANDER, P MUST PROVE SPECIAL DAMAGES OF 4 OR LOSSES TIED TO DEFAMATION. DOESN'T HAVE TO HARM PROFESSION BUT STATEMENT ABOUT PROFESSION NRS 42.005-PUNATIVE DAMAGES, EXCEPTIONS & CAPS

Defamation Defense PRIVILEGES

1. ABSOLUTE, or 2. QUALIFIED.

Libel Per Se

1. ACCUSATIONS OF CRIME OF MORAL TURPITUDE, 2. UNFITNESS FOR TRADE, BUSINESS, PROFESSION, 3. STATEMENTS, P -COMMUNICABLE, SEXUAL DISEASE.

Proving Slander Per Se

1. D SPOKE FALSE/DAMAGING WORDS THAT, TENDED IN INJURE P/s REPUTATION, TRADE, or LIVELIHOOD, 2. STATEMENT WAS FALSE, and 3. STATEMENT WAS PUBLISHED/COMMUNICATED TO 3rd PERSON.

Constitutional Limits on Defamation Actions

1. Is P: PUBLIC/PRIVATE figure? 2. Is D: MEDIA/NON-MEDIA? 3. Statement: Matter of PUBLIC/PRIVATE concern?

Elements of Libel

1. MALICIOUS, 2. PUBLICATION, 3. PRINT/WRITING/DRAWINGS, and 4. TENDS TO EXPOSE P TO PUBLIC CONTEMPT, HATRED, or RIDICULE.

Elements of Slander

1. SPEAKING OF, 2. FALSE/DAMAGING WORDS, 3. TENDS TO EXPOSE p TO PUBLIC CONTEMPT, HATRED, or RIDICULE or INTERFERES WITH P's ABILITY TO EARN A LIVING IN HIS BUSINESS.

2 Forms of Defamation Libel.

1. SPOKEN 2. WRITTEN

DEFENSES to Defamation

1. STATEMENT IS NOT DEFAMATORY, or 2. PERSON DEFAMED-DECEASED, or 3. D is PROTECTED by PRIVILEGE, or 3. STATEMENT IS TRUE.

Defamation Language is

Any statement that subjects P to public RIDICULE, HATRED, CONTEMPT, EMBARRASSMENT or HUMILIATION.

Libel Per Se

Any writing (drawings, signs,) SO SERIOUS that an injury MAY BE PRESUMED; INJURIOUS & DEFAMATORY; P presents proof then MALICE is presumed; Words MUST BE UNAMBIGUOUS & INTERPRETED IN NATURAL & REASONABLE WAY.

Slander Per Se is TRIGGERED when:

D accuses P of CRIME OF THEFT/DISHONESTY, or COMMUNICABLE SEXUAL DISEASE.

Defense, NY Times rule, MALICE

D's HATRED, ILL WILL or BAD FEELINGS TO P, RECKLESS or INTENTIONAL STATEMENT OF FALSE FACT.

Simple Libel

Defamatory writing; Libel can be MORE injurious-bc, more permanent in writing.

Elements of Defamation

ELEMENTS: 1. UNPRIVILEGED, 2. PUBLICATION TO 3rd PARTY, 3. FALSE STATEMENTS, and 4. ARE PROXIMATE CAUSE OF THE INJURY.

Defamation Defense ABSOLUTE Privileges

Ex: Judges in judicial proceedings, Witnesses & experts while testifying, pleadings in civil cases, members of Congress in official duty.

Defamation Defense QUALIFIED Privileges

Ex: P & D have business interest, Criticizing employee work performance, Factual reasons for employee dismissal, To law enforcement, in good faith, crime was/imminent,

MALICE, when false statement is made, court presumes malice & injury.

Ex; 1. IMPLICATION OF CRIME 2. NOT LEGALLY ENTITLED TO PRACTICE PROFESSION 3. COMMUNICABLE SEXUAL DISEASE

Defamation's Restatement

FALSE & DEFAMATORY STATEMENT about P; UNPRIVILEGED PUBLICATION TO 3rd P; FAULT, NEGLIGENCE ; LEGAL recognized cause of action for statement/proof of special harm.

What is Defamation

FALSE (injurys) attack on reputation/character of another; exposes to PUBLIC HUMILIATION/DEGRADATION; TENDS TO HARM/cause others to stop associate; should be free to to enjoy reputations & good names; DAMAGE TO REPUTATION-not phy/$/emotions.

New York Times Rule

How defamation cases were brought & the standard of proof (for P to prove). Public person & public concern-standard much higher. Public person MUST PROVE "ACTUAL MALICE." Also, knowledge of falsity or reckless disregard for truth. CLEAR & CONVINCING REQUIREMENT.

Defamation Language in NOT

INSULTS, HURT FEELINGS, (generally, not)

Good Faith Statutes

Insulates press for reporting on issues of public concern.

Defamation, PUBLIC PERSON

JUDGES, ALL LAW ENFORCEMENT CORRECTIONS OFFICERS

Measure of Proof for Defamation

MUST be CLEAR & CONVINCING , (Higher than preponderance of the evidence, but less than beyond reasonable doubt)

What Slander is NOT

NOT: INSULTS or CUTTING REMARKS

Defamation

Refers to P; Does NOT have to name the P; Only defame group IF group is small & identifiable (family).

Defamation

SLANDER PUBLICATION- MUST BE HEARD & UNDERSTOOD by 3rd party.

Libel Per Quod

Statement may seem innocuous, but defamatory when facts are considered (text: nun example). Jury evaluates statement & determines.

Slander Per Se- SPECIAL DAMAGES are:

Those SPECIAL DAMAGES beyond mere HUMILIATION or EMBARRASSMENT; MALICE & INJURY are PRESUMED.

What is Slander

Verbally, P's character/reputation MUST be INJURED. May be held to HIGHER burden of proof than libel.

Defamation

WRITTEN PUBLICATION- MUST BE read and UNDERSTOOD BY SOMEONE OTHER; if publication NOT intended (accidentally read by 3rd party), then (fenerally) NO defamation.