Defamation

If the meaning of an article is capable of two interpretations, one being defamatory and the other not, it is for the jury to determine the meaning of the article based on all of the evidence.

Belli v. Orlando Daily Newspaper (false...charged a large clothing bill to association)

The issue of whether or not a character is a representation of the Plaintiff in question is if a reader with knowledge of the surrounding circumstances could reasonably understand that the words referred to the plaintiff.

Bindrim v. Mitchell (licensed psychologist; nude therapy)

An "'interactive computer service" qualifies for immunity so long as it does not also function as an "information content provider" for the portion of the statement or publication claimed to be false, misleading or defamatory.

Carafano v. Metrosplash.com (anonymous person posted fake profile of plaintiff)

What is constitutional defamation?

Defamation that involves a matter of public concern; the plaintiff must prove two additional elements: falsity and fault.

Slander

Defamation that is spoken, plaintiff must prove damages unless the defamation is slander per se.

Libel

Defamation that is written, general damages are presumed. The plaintiff may offer actual evidence of damages to increase his or her award.

Common law defamation requires a showing of

Defamatory statement of or concerning Plaintiff Publication, and Damages

What type of fault must the plaintiff prove?

Depends on whether the plaintiff is a public or private figure. If the plaintiff is a private figure, negligence must be proven. If the plaintiff is a public figure, malice must be shown.

The Gertz standard protecting the media does not apply in cases involving nonmedia publications, including credit reports. Rather, these nonmedia publications are held to the same standard as the normal common-law applies.

Dun & Bradstreet, Inc v. Greenmoss Builders; (published a false credit report)

To maintain a defamation cause, publication of the defamatory statement must occur to some one other than the person defamed.

Economopoulos v. Pollard (falsely accused of stealing)

When may a defendant assert qualified privilege?

For reports of official proceedings, statements in the interest of publisher, statements in the interest of the recipient, and statements in the common interest of the publisher and recipient.

When can a defendant assert absolute privilege?

For remarks made during judicial proceedings, by legislators in debate, by federal executive officials, in compelled broadcasts, and between spouses.

Because private individuals have less effective opportunities for rebuttal, they are more vulnerable to injury from defamation. States may constitutionally allow private individuals to recover damages for defamation on the basis of any standard of care except liability without fault.

Gertz v. Robert Welch, Inc (defamed lawyer because he represented clients that sued a police officer)

It is not necessary that the majority of people would find an article to be damaging to Plaintiff's reputation so long as some people would reasonably find in damaging.

Grant v. Reader's Digest (published an article saying plaintiff represent the communist party)

Defendant must have made the false publication with a "high degree of awareness of probable falsity" or must have entertained serious doubts as to the truth. Willful ignorance will not prevent liability, failure to investigate will not alone support a finding of actual malice.

Harte-Hanks Communications, Inc. v. Cannaughton (candidate for public office said to use dirty tricks)

Specific charges cannot be defended through a claim of truth by a showing of Plaintiff's general bad character.

Kilian v. Doubleday (published article accusing plaintiff of committing cruel acts)

Libel per se

Libel that is defamatory on its face.

The First Amendment does not preclude a newspaper from being sued for libel, when a plaintiff can show that statements published were an attack on reputation.

Milkovich v. Lorain Journal (allege coach lied under oath)

A large group of individuals cannot bring a libel claim unless the allegedly libelous statement makes specific defamatory statements against an individual member of the group.

Neiman-Marcus v. Lait (authors of a book defamed three groups)

Constitutional guarantees prohibits a public official from recovering damages for defamation relating to his official conduct unless he proves actual malice.

New York Times Co. v. Sullivan (public official claimed defamation)

Libel per quod

Not defamatory on its face.

Under the single publication rule, written material containing defamatory matter gives rise to only one cause of action for libel. This cause accrues at the time of the original publication, and the statute of limitation runs from that date.

Ogden v. AUSA (libelous book, statute of limitations ran out but more published)

What is a defamatory statement?

One that injures a plaintiff's reputation and tends to subject plaintiff to hatred, contempt, and ridicule or financial injury.

A private figure suing for defamation about a matter of public concern has the burden of showing falsity, as well as fault before damages may be recovered.

Philadelphia Newspapers, Inc. v. Hepps (claimed plaintiff was connected to organized crime)

Publication

Requires that the statement be communicated to a third party who understands the defamatory meaning and its application.

Defamation broadcast on the radio is actionable as either libel or slander, regardless of whether it is read from a script or ad-libbed.

Shor v. Billingsley (a radio broadcast)

In order to prove reckless disregard for the truth, there must be sufficient evidence to show that the defendant entertained serious doubts as to the truth of his publication.

St. Amant v. Thompson (televised speech falsely charging criminal conduct)

Special damages must be claimed in a slander suit that is not slander per se. Only pecuniary injuries affecting one's character will suffice.

Terwilliger v. Wands (accused of having intercourse with a married woman)

Malice

The knowledge that the defamatory statement was false or reckless disregard as to the statement's truth.

Of or concerning Plaintiff

The plaintiff must establish that a reasonable recipient of the information would understand that the statement referred to plaintiff.

Damages

The type the plaintiff must prove depends on the type of defamation. Libel or slander.

What are the defenses to defamation?

Truth Consent Absolute privilege

Slander per se exists when the defamatory statement

adversely reflects one's conduct in a business or profession, accuses one of having a loathsome disease, accuses one of a guilt involving a crime of moral turpitude suggests a woman is unchaste.