DEFAMATION -- LIBEL AND SLANDER; (Becareful what you say about the Clintons)

Florida Bar Association ^ | 10/24/03 | dubyaismypresident

[NeoCaveman]

DEFAMATION -- LIBEL AND SLANDER [Florida Law - FReepers Heed] Florida Bar Association ^

Posted on 10/24/2003 1:14 PM EDT by Chancellor Palpatine

DEFAMATION -- LIBEL AND SLANDER

The First Amendment to the Constitution provides a broad right of freedom of speech. However, if a false statement has been made about you, you may have wondered if you could sue for defamation.

Generally, defamation consists of: (1) a false statement of fact about another; (2) an unprivileged publication of that statement to a third party; (3) some degree of fault, depending on the type of case; and (4) some harm or damage. Libel is defamation by the printed word and slander is defamation by the spoken word.

If the statement is made about a public official - for example, a police officer, mayor, school superintendent - or a public figure - that is a generally prominent person or a person who is actively involved in a public controversy, then it must be proven that the statement was made with knowledge that it was false or with reckless disregard for whether the statement was true or false. In other words, the fact that the statement was false is not enough to recover for defamation. On the other hand, if the statement was made about a private person, then it must be proven that the false statement was made without reasonable care as to whether the statement was true or false.

There are a number of defenses available in a defamation action. Of course, if a statement is true, there can be no action for defamation. Truth is a complete defense. Additionally, if the statement is an expression of an opinion as opposed to a statement of fact, there can be no action for defamation. We do not impose liability in this country for expressions of opinion. However, whether a statement will be deemed to be an expression of opinion as opposed to a statement of fact is not always an easy question to answer. For example, the mere fact that a statement is found in an editorial is not enough to qualify for the opinion privilege if the particular statement contained in the editorial is factual in nature.

There is also a privilege known as neutral reporting. For example, if a newspaper reports on newsworthy statements made about someone, the newspaper is generally protected if it makes a disinterested report of those statements. In some cases, the fact that the statements were made is newsworthy and the newspaper will not be held responsible for the truth of what is actually said.

There are other privileges as well. For example, where a person, such as a former employer, has a duty to make reports to other people and makes a report in good faith without any malicious intent, that report will be protected even though it may not be totally accurate.

Another example of a privilege is a report on a judicial proceeding. News organizations and others reporting on activities that take place in a courtroom are protected from defamation actions if they have accurately reported what took place.

If you think you have been defamed by a newspaper, magazine, radio or television station, you must make a demand for retraction before a lawsuit can be filed. If the newspaper, magazine, radio or television station publishes a retraction, you can still file suit, but your damages may be limited. Unless the media defendant acted with malice, bad faith or reckless disregard for the truth or falsity of the story, you can only recover your actual damages. No punitive damages can be assessed in the absence of these elements.

An action for libel or slander must be brought within two years of the time the statements were made. If you wait beyond this two year period, any lawsuit will be barred.

Libel and slander cases are often very complicated. Before you decide to take any action in a libel or slander case, you should consult with an attorney. An attorney can help you decide whether you have a case and advise you regarding the time and expense involved in bringing this type of action.

If you believe you need legal advice, call your attorney. If you do not have an attorney, call The Florida Bar Lawyer Referral Service at 1-800-342-8011, or the local lawyer referral service or legal aid office listed in the yellow pages of your telephone book.

(updated 12/01)

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Take heed folks - hiding behind screennames will not defeat a Federal subpoena.

1 posted on 10/24/2003 1:14 PM EDT by Chancellor Palpatine

[NeoCaveman]

Here's another thread you never thought you would see on FR.

No one got sued did they for calling dirtyx42 a rapist or a liar or a murderer did they?

[NeoCaveman]

Pings.

[Mr. Lucky]

What you post is a reasonable accurate nutshell of the law of slander as it applies to private individuals. It is not an accurate statement of the law of slander as it applies to those who have intentionally placed themselves in the public eye.

[NeoCaveman]

This is a follow up to DEFAMATION -- LIBEL AND SLANDER [Florida Law - FReepers Heed] ^

[Mudboy Slim]

"No one got sued did they for calling dirtyx42 a rapist or a liar or a murderer did they?"

Tellin' the TRUTH ain't Slander or Libel...MUD

[NeoCaveman]

The truth as WE believe it. I'm trying to draw a parallell hill.

[ConservativeMan55]

http://www.freerepublic.com/focus/f-news/1007424/posts

[hobbes1]

You're killing me..lol

[Constitution Day]

Bwahahaha!

[lilylangtree]

Jokes about the Clintoons aren't covered.

Bill and Hillary were at the Yankee's home opener, sitting in the first row, with the Secret Service people directly behind them. One of the Secret Service guys leaned forward and whispered something to Bill.

Clinton stared at the guy, looked at Hillary, looked back at the agent, and nodded his head. Then Bill picked up Hillary by the coat collar and the seat of her pants, and threw her right over the wall onto the field.

She's kicking and swearing and screaming, and the crowd goes wild. They're cheering, applauding, and high-fiving.

Bill is bowing and smiling, when the agent leans forward and says.........

"I said ..... they want you to throw out the first PITCH!"

Want more?

Manufacturers announced today that they will be stocking America's shelves this week with "Clinton Soup," in honor one of the nation's most distinguished men. It consists primarily of a weenie in hot water.

Chrysler Corporation is adding a new car to its line to honor Bill Clinton. The Dodge Drafter will begin production in Canada this year.

When Clinton was asked what he thought about foreign affairs, he replied: "I don't know, I never had one."

American Indians have nicknamed Bill Clinton "Walking Eagle" because he is so full of crap he can't fly.

Clinton lacked only three things to have become one of America's finest leaders: integrity, vision, and wisdom.

In his recent campaigning around the country for numerous democratic hopefuls it was said that Clinton was doing the work of three men: Curly, Larry, and Moe.

Clinton's revised judicial oath: "I solemnly swear to tell the truth as I know it, the whole truth as I believe it to be, and nothing but what I think you need to know."

When asked by his aide what he wanted done about the abortion bill, Clinton replied, "Go ahead and pay it."

You know, politicians and diapers have one thing in common. Both should be changed regularly, and for the same reason.

[NeoCaveman]

When asked by his aide what he wanted done about the abortion bill, Clinton replied, "Go ahead and pay it."

ROTFLMAO!!!!!

[NeoCaveman]

Fair and balanced.

[honeygrl]

hah!!

[Constitution Day]

I've been just lurking a lot lately. But this cracked me up.

[NeoCaveman]

I'm demonstrating absurdity by being absurd.

[hobbes1]

For such an excellent display of humor, at the end of a long
day, I hereby direct you to go home, guzzle something cold, and frosty, and put on Side 4 of UFO's Strangers in the Night. (Lights out, Rock Bottom...)...

[NeoCaveman]

Well I am already home. Took a half day as this could be the last nice day until March.

[xsmommy]

boy you are sharp as a dang tack, dubs.LMAO!

[hobbes1]

Well, to quote the famous Dynah Moe Humm..."Just get... wasted, and you're halfway there.." ...LOL

[Pagey]

"Of course, if a statement is true, there can be no action for defamation"

Oh please allow me to tell the truth.
In addition to being only the second president impeached –
although the (Spineless)Senate failed to convict and remove him from office –
Clinton was held in contempt by Judge Susan Webber Wright for having lied in her court and fined $90,686.
Clinton paid the fine.
He did not challenge the ruling.
The Arkansas court's Committee on Professional Conduct exercised the power to revoke Clinton's license as an Arkansas lawyer (hurrah!) and to impose other sanctions.

You just can't refute the truth Billy Jeff Blythe, we won't let you!