Posted on 10/24/2003 10:14:40 AM PDT by Chancellor Palpatine
Edited on 10/24/2003 12:02:17 PM PDT by Lead Moderator. [history]
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.
(updated 12/01)
I'm not going to try it, thank you very much. I might find my supply of Quarterpounders cut off.
Well Jim, that is the whole point. Lawyers like Palpatine, and if he's a lawyer his posts on this site indicate he's a God awful one, lost the debate on Terri Schiavo.
So, like a good little lefty, when the facts abandoned him and when the law didn't go his way, he decided to make the implied threat of the courts wielding the defamation hammer.
I, for one, don't appreciate being threatened. Especially by punks who post on the internet under assumed identitities.
Liberty is a dream that can never be grabbed while the judicial system and lawyers like Palpatine use it to advance in the courts what they have failed to convince the people of. Simple as that.
Didn't you say about the same thing to the owner of this forum? Talk about being an ungracious guest.
A guy behind a sheep.....apparently pushing it into a trunk, tho the angle was somewhat perversely suggestive.
The Florida legal system can kiss my @ss, too. I don't live in Florida, I don't post from there, and in fact I've never set foot in that state.
Federal subpoenas are meaningless in cases where people post from outside the United States, too.
Welcome to the digital age of global communications.
I heard Frodo is going to sue the producer of Lord of The Rings for making him look marginally more faggy than normal.
Sammy says he's suing too, because the costume "made his butt look big"
Bob, you should stop trying to be clever. It never works well for you in the long run. If any of the bozos mentioned on this thread are in any way connected with FRN then you need to rewrite your plan.
Multiply the dismal odds of success by the limited assets of the people who would be sued, and you've got a case no lawyer would touch. Unless, that is, somebody were paying him to go ahead with the suit for other, nonmonetary reasons.
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