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To: bcsco

2. Defamation Per se

Some statements are so defamatory that they are considered defamation per se; and the plaintiff does not have to prove that the statements harmed his reputation. The classic examples of defamation per se are allegations of serious sexual misconduct; allegations of serious criminal misbehavior; or allegations that a person is afflicted with a loathsome disease. The historical examples of loathsome diseases are leprosy and venereal diseases. Allegations that a person is afflicted with AIDS may well constitute a modern variation on this form of defamation per se.

When a plaintiff is able to prove defamation per se, damages are presumed, but the presumption is rebuttable.


38 posted on 04/20/2010 9:26:37 AM PDT by Raycpa
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To: Raycpa
You can add trade misconduct to that list too.

It (usually) takes a lot more than being called a "criminal" to win a judgment for defamation per se. Insults usually don't apply.

"John is a criminal" usually gets dismissed.
"John assaulted a photographer" is another matter. If that was the judges decision, I'd have a different opinion on this case unless there's reasonable belief on the part of the publisher that this individual did that.

51 posted on 04/20/2010 9:37:01 AM PDT by Darren McCarty (I don't look for leaders. I follow my own path, my way.)
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