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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: nickcarraway
Nick, one correction: the libel laws in England are much less strict that the US. That's why David Irving,the Holocaust denier sued (forgot her name) in the UK courts and not here.
1,161 posted on 10/24/2003 6:01:32 PM PDT by Catspaw
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To: Catspaw
Deborah Lipstadt. She won--essentially, she legally PROVED that the Holocaust happened.
1,162 posted on 10/24/2003 6:02:59 PM PDT by Poohbah ("Would you mind not shooting at the thermonuclear weapons?" -- Major Vic Deakins, USAF)
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To: dead
You can no more be sued for calling Schiavo a murderer than you can be sued for calling Clinton a rapist.

I would disagree. On the other hand, if someone were to call Schiavo a murderer it would likely be a defense that because the story has gained such notoriety most people would know that he didn't actually 'murder' his wife and the such language would be rhetorical in nature. This would be much like calling an abortionist a murderer. In addition, political speach enjoys the broadest of protections outside of the legislative or judicial process and comments related to the Schaivo case could readily be construed a plitical in nature.

1,163 posted on 10/24/2003 6:04:58 PM PDT by connectthedots
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To: Poohbah
Deborah Lipstadt. She won--essentially, she legally PROVED that the Holocaust happened.

I remembered the Deborah part (except I remembered it as "Debbie"), but couldn't get the last name. But I remember the trial well. Funny thing, though--Irving thought he'd be able to win because of the construct of the UK's libel laws. The decision all but excoriated Mr. Irving.

1,164 posted on 10/24/2003 6:05:32 PM PDT by Catspaw
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To: nickcarraway
The difference being this involves a very specific occurence with regards to his wife, not an open-ended one like your example.

Sorry, it doesn't wash. It is logically impossible to prove a negative statement to conclusion; that is why the state carries the burden of proof in criminal trials.

Plus, in an attempt to prove such, the defense could subpoena a lot of things that aren't open now.

True. But a smart plaintiff's attorney will simply file a narrowly-crafted suit on a specific comment, probably the most lurid and most difficult to prove of the bunch.

Discovery, contrary to popular belief, is NOT an open-ended process.

1,165 posted on 10/24/2003 6:06:53 PM PDT by Poohbah ("Would you mind not shooting at the thermonuclear weapons?" -- Major Vic Deakins, USAF)
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To: Poohbah
The ACLU is working with Mr. Schiavo. There are your "unlimited resources."

The ACLU is helping Mr. Schiavo in his efforts to put down his wife, not with any libel actions. The ACLU, as insane as it is, is not going to help him go after some web sites, etc etc. The ACLU is crazy, but that would require them to contradict half the lawsuits they have going on out there. The ACLU is NEVER going to help Mr. Schiavo with any libel suits.

1,166 posted on 10/24/2003 6:06:57 PM PDT by nickcarraway (www.terrisfight.org)
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To: connectthedots
One problem of calling Michael Schiavo a murderer is that Terri isn't dead yet. Now you can allege that Schiavo wants her dead, but until she dies, it's not a murder.
1,167 posted on 10/24/2003 6:07:05 PM PDT by Catspaw
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To: jwalsh07
I am not sure what Palpatine is suggesting is libel, since I have chosen not to participate in the subject threads, but if someone is typing that the subject in question is/has committed attempted murder, that seems more in the nature of an errant legal opinion than libel. The underlying facts of who did what to whom are presumably not that much in dispute. But I am wading in sort of blind.
1,168 posted on 10/24/2003 6:07:40 PM PDT by Torie
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To: Poohbah
Forgot 3 cans of track tension and do you want large or small deflections.
1,169 posted on 10/24/2003 6:07:54 PM PDT by connectthedots
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To: connectthedots
On the other hand, if someone were to call Schiavo a murderer it would likely be a defense that because the story has gained such notoriety most people would know that he didn't actually 'murder' his wife and the such language would be rhetorical in nature. This would be much like calling an abortionist a murderer.

Quite true. But the more lurid allegations are that Mr. Schiavo deliberately CAUSED his wife's injuries.

1,170 posted on 10/24/2003 6:08:10 PM PDT by Poohbah ("Would you mind not shooting at the thermonuclear weapons?" -- Major Vic Deakins, USAF)
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To: bvw
CP was fear-mongering. At some point on the road to full adulthood we all learn to turn off the fear-mongerers.

This coming from someone who insinuated I would go to hell after death, all because I disagreed with his/her opinion. Yeah. Tell me about fear mongering.

1,171 posted on 10/24/2003 6:08:29 PM PDT by huck von finn
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To: Poohbah
You think that FR is the only place in the United States that has people criticizing Mr. Schiavo? If it's going on here, it's going on all over. Mr. Schiavo is going to have to do some extensive work all over the country just to get here. Besides that, he's going to have to prove damages. But before he gets to the level of FR, he'd have to sue all the nationwide media people. How can he argue that a web site creates damages, but all those cases didn't. Is there even any evidence to show Mr. Schiavo even knows about FR? I would say he has tons of legal problems without opening more.
1,172 posted on 10/24/2003 6:10:55 PM PDT by nickcarraway (www.terrisfight.org)
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To: Catspaw; Poohbah
Funny thing, though--Irving thought he'd be able to win because of the construct of the UK's libel laws.

99 times out of 100, the plaintiff does win in UK libel cases. The burden of proof over there is exactly the reverse of US law - there, the burden is on the defendent to prove that he/she didn't libel or otherwise defame the plaintiff. Which usually boils down to meaning that you must prove that what you said/wrote is, in fact, true.

1,173 posted on 10/24/2003 6:11:02 PM PDT by general_re ("I am Torgo. I take care of the place while the Master is away.")
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To: nickcarraway
The ACLU is helping Mr. Schiavo in his efforts to put down his wife, not with any libel actions.

That's today. Tomorrow may be a different story.

The ACLU is crazy, but that would require them to contradict half the lawsuits they have going on out there.

False. They routinely decline to get involved with death penalty cases for murders committed by minors because doing so winds up raising the issue of whether minors can give consent for sex or abortion. We have here the ACLU's opposition to murder coming into conflict with its favoring abortion rights and sexual emancipation for minors.

If it helps the liberal extremist cause, they'll do it.

1,174 posted on 10/24/2003 6:12:07 PM PDT by Poohbah ("Would you mind not shooting at the thermonuclear weapons?" -- Major Vic Deakins, USAF)
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To: nickcarraway
You think that FR is the only place in the United States that has people criticizing Mr. Schiavo? If it's going on here, it's going on all over.

Well, then. That explains why Al Gore didn't get a single vote in 2000.

1,175 posted on 10/24/2003 6:13:04 PM PDT by Poohbah ("Would you mind not shooting at the thermonuclear weapons?" -- Major Vic Deakins, USAF)
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To: Catspaw
I think you are trying to say the same thing as I said. People in England have to watch themselves more than they do here.
1,176 posted on 10/24/2003 6:13:37 PM PDT by nickcarraway (www.terrisfight.org)
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To: Catspaw
I think you are trying to say the same thing as I said. People in England have to watch themselves more than they do here. [I worked as a reporter in England}
1,177 posted on 10/24/2003 6:13:52 PM PDT by nickcarraway (www.terrisfight.org)
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To: Catspaw
I looked over at TOS but there aren't that many posts regarding this thread.. maybe I'm looking at the wrong one. (i like to look in the Biker Bar just to see if anyone makes fun of me for any stupid comments I might make.. it's the masochist in me i guess)
1,178 posted on 10/24/2003 6:14:16 PM PDT by honeygrl (All of the above is JUST MY OPINION)
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To: jjbrouwer
I love it!

One time a guy who ran a board accused me of libel, it was quite hilarious, he kept up the blather until I told him that I could consult any one of the cadre of lawyers I work with to examine the merits of his claim. I didn't hear much after that, he must have been too busy finding a way to grift...

1,179 posted on 10/24/2003 6:14:18 PM PDT by Central Scrutiniser (kh' nyohm treuv kaa th'nam samruhp rowk joh riak)
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To: Modernman
How about under a court order? That's quite different from a subpoena.

A subpoena is a court order.

1,180 posted on 10/24/2003 6:14:37 PM PDT by ModelBreaker
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