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DEFAMATION -- LIBEL AND SLANDER [Florida Law - FReepers Heed]
Florida Bar Association ^
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)
TOPICS: Heated Discussion
KEYWORDS: catholiclist; michaeldobbs
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To: onyx; ckca; Chancellor Palpatine; AbsoluteJustice; Catspaw; FR_addict; dandelion; cyn; ...
This post from Palpatine from another thread FYI.....
Plenty of name calling by Palpatine on other threads as well, easy enough to look up....
"""""""
You're not allowed to post any Florida statutes here, the Schindlers haven't approved that. You have to stick to a hothouse atmosphere, where legislation doesn't have to be carefully considered, testimony heard or court records reviewed - just the emotional appeal need now be made to the legislature with no evidence, and may the group with the loudest and best pressure campaign win.
Free Mumia!
Save the Trees!
No War for Oil!
No more factory farms!
Fur is Murder!
SUVs Suck!
No Guns!
Capitalism Sucks!
No Capital Punishment!
Feed the Poor, Not the Corporations!
168 posted on 10/24/2003 12:55 PM EDT by Chancellor Palpatine
[ Post Reply | Private Reply | To 159 | View Replies | Report Abuse ]
http://www.freerepublic.com/perl/post?id=1007384%2C24 """""
To: Eagle Eye
There are other applications to this. I've been called a drug addict, druggie, drug pusher, porn monger, pedophile, commie, warlock, and even a Raider fan. (That one hurt!) All but the last were words from mostly one of the supporters of the WoD.Even though we don't see Eagle Eye to Eagle Eye on all things, I think you're a good guy but it goes both ways.
We've both been here a long time. I've been at various times a racist and a statist affirmative action supporter and every thing in between according to some of my fellow freepers.
No biggie, I know who and what I am and so do you.
To: honeygrl
You cad!! And you made me pay?!You were willing to pay.
Foremost, I am a capitalist.
1,063
posted on
10/24/2003 5:13:27 PM PDT
by
Lazamataz
(I am the extended middle finger in the fist of life.)
To: concerned about politics
I've always refered to that as "facist litigation".
This is a 'facist':
To: jwalsh07
Now quit you two, Only the SHADOW KNOWS!
1,065
posted on
10/24/2003 5:14:28 PM PDT
by
Area51
(RINO hunter!)
To: Catspaw; harrowup
You mean kinda like this?
1,066
posted on
10/24/2003 5:14:32 PM PDT
by
Neets
(<---posting as chopped liver yet again.)
To: Lazamataz
He was nuked by a moderator (a possibility I consider unlikely)
Consider it an impossibility. Established freepers cannot be nuked by a moderator. The software does not permit it.
To: aristeides
...Permit me to say, as a retired (reserve) lieutenant commander, your outspokenness does the Navy proud.
Thank you, Commander. Now if I could only get the Pension Review Board to agree with you...
1,068
posted on
10/24/2003 5:16:53 PM PDT
by
harrowup
(So perfect I'm naturally humble)
To: honeygrl
You seem nice enough to me. ;)
To: Lazamataz; harrowup
Well, since Laz vouches for you I guess I'll apologize. sorry :)
1,070
posted on
10/24/2003 5:17:30 PM PDT
by
honeygrl
(All of the above is JUST MY OPINION)
To: Chancellor Palpatine
"hiding behind screennames will not defeat a Federal subpoena."
A very important reminder. Though the village square has expanded considerably, and those speaking up at the square might be wearing masks, it's still a village square--and people can and will hold you accountable for what you post.
whew... a great reminder not to PAD (post after drinking). ;)
To: Chancellor Palpatine
"hiding behind screennames will not defeat a Federal subpoena."
A very important reminder. Though the village square has expanded considerably, and those speaking up at the square might be wearing masks, it's still a village square--and people can and will hold you accountable for what you post.
whew... a great reminder not to PAD (post after drinking). ;)
To: Lead Moderator
Established freepers cannot be nuked by a moderator. The software does not permit it. Interesting. Just out of curiosity, how many years does one have to post to be classified an established freeper and can nuked posts/ accounts be restored?
To: Lead Moderator
So just when does this establishment occur.. is there hazing involved? Will I like it?
1,074
posted on
10/24/2003 5:19:39 PM PDT
by
honeygrl
(All of the above is JUST MY OPINION)
To: proud American in Canada
a great reminder not to PAD (post after drinking). ;) a great reminder not to DPAD (double post after drinking). ;)
;-)
1,075
posted on
10/24/2003 5:19:40 PM PDT
by
Neets
(<---posting as chopped liver yet again.)
To: Lead Moderator
How about burnt, cause just the other day my arm hairs rolled right up after posting to the Immigration thread like someone was targeting me with a few Megawatts of Gamma Rays?
YOu didn't spend any of the lastest fundraiser money on any new state of the art poster removal hardware now did you?
Come on now, give it up.
1,076
posted on
10/24/2003 5:19:51 PM PDT
by
Area51
(RINO hunter!)
To: tutstar
HUH?
1,077
posted on
10/24/2003 5:20:21 PM PDT
by
sweetliberty
("Having the right to do a thing is not at all the same thing as being right in doing it.")
To: honeygrl
So just when does this establishment occur.. is there hazing involved? Will I like it?First, you have to go on mail buoy watch.
1,078
posted on
10/24/2003 5:20:48 PM PDT
by
Poohbah
("Would you mind not shooting at the thermonuclear weapons?" -- Major Vic Deakins, USAF)
To: jjbrouwer
If I am not mistaken...I don't think Mods can nuke..only Jim can.
1,079
posted on
10/24/2003 5:20:48 PM PDT
by
Neets
(<---posting as chopped liver yet again.)
To: proud American in Canada
whew... a great reminder not to PAD (post after drinking). ;)
1,072 posted on 10/24/2003 5:18 PM PDT by proud American in Canada ("We are a peaceful people. Yet we are not a fragile people.")
[ Post Reply | Private Reply | To 1 | View Replies | Report Abuse ]
It also keeps you from multiple posting! LOL
1,080
posted on
10/24/2003 5:20:56 PM PDT
by
Area51
(RINO hunter!)
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