DEFAMATION -- LIBEL AND SLANDER [Florida Law - FReepers Heed]

Florida Bar Association ^

[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.

(updated 12/01)

[Lazamataz]

Don't cry. you'll soak the teeshirt.

(leer)

[Poohbah]

No, mail BUOY (as in floating thingie that holds mail).

You have to snag the mail buoy with the special hook to pick up the mail.

After that, you need to get me the following items from supply:

1 case of rotor wash
3 cases of grid squares
150 yards of flight line
1 bottle of blinker fluid

And then you need to go to the company first sergeant and get the keys to the drop zone.

[Indy Pendance]

I don't think I've ever participated in one of these "As Free Republic Turns" threads. I find it fascinating that there is this much obsession with a web site. To me, it shows that Free Republic has an impact on the community (local, state, federal levels). It's very interesting to see the power struggles within freepers, and those who perceive they are the be all to end all on an anonymous web site. If people truely cared about our Republic, they'd be more interested in the shenanigans going on in their own state.

But, I suppose some people really don't have a life.

[Area51]

Yeah but what about the gamma ray gun?
Come on, give it up. I noticed you didn't address THAT question. Your silence is speaking volumes.

Can I sue? Is there a Lawyer in the house. Can I get a ruling here?

Or atleast another double shot of JD.

[nickcarraway]

Hmmm, since Mr. Schindler has made strong statements on national television why hasn't Mr. Schiavo sued Mr. Schindler. If anyone has opened himself to such a lawsuit, clearly it would be Mr. Schindler, in fact, I believe Mr. Schindler welcomed such a lawsuit. (and bsome members of the national media) If Mr. Schiavo intends to sue anyone, why hasn't he proceeded against Mr. Schindler?

[Cultural Jihad]

First, you have to go on mail buoy watch.

The FReepCam looking at the lastest recruit:

(This image will automatically refresh every minute.)

[Neets]

Too late...

What is everybody looking at??????????

[Poohbah]

Hmmm, since Mr. Schindler has made strong statements on national television why hasn't Mr. Schiavo sued Mr. Schindler. If anyone has opened himself to such a lawsuit, clearly it would be Mr. Schindler, in fact, I believe Mr. Schindler welcomed such a lawsuit. (and bsome members of the national media) If Mr. Schiavo intends to sue anyone, why hasn't he proceeded against Mr. Schindler?

Maybe it's because the Schindlers have already impoverished themselves.

[Indy Pendance]

I think that's probably true, and that's why I think you and I both have it in us, if we wanted to, to really hijack this thread..... ;-)

[Area51]

But, I suppose some people really don't have a life. 1,103 posted on 10/24/2003 5:32 PM PDT by Indy Pendance ---------------------------------------

And all I wanted was a G&% D&$%#$% DRINK. Sheesh and the sign outside said FREEBEER!

Boy o boy. Some places!

[nickcarraway]

So you think people should be able to bash President Bush all they want and no one should be able to utter a word in return?

[honeygrl]

no comment

[Poohbah]

Thank you for the FReepCam image of the mail buoy.

[nickcarraway]

What about Bill Clinton? No one has been defamed on this site more than him.

[Indy Pendance]

I had a reply, but, decided, it's not appro.

[LPM1888]

How would they all fit in the light bulb? Surely a king-sized bed would be more practical.

You have left me speechless. I hereby nominate this for the "Quote of the day"

[nickcarraway]

Apparentluy so would some people on this site. Anything they disagree with they will threaten.

[Poohbah]

Bill Clinton can't be defamed or libeled in practice because of the Sullivan ruling. Michael Schiavo may very well not be covered by that ruling.

[honeygrl]

Snag the Mailboy.. my husband might get upset..

1 case of rotor wash
3 cases of grid squares
150 yards of flight line
1 bottle of blinker fluid

hmm.. sounds like some sort of S&M thing.. poor mailboy.