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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: Poohbah
With all the trouble Mr. Schiavo has, you think he cares about Free Republic?
1,201 posted on 10/24/2003 6:23:12 PM PDT by nickcarraway (www.terrisfight.org)
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To: Calpernia
There are; but we have been using this site as an 'office' to launch grassroots movements against him.

Which is pretty much the stated purpose of Free Republic, no? Hence the term ``Freeping.''

1,202 posted on 10/24/2003 6:24:07 PM PDT by nickcarraway (www.terrisfight.org)
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To: Torie
I have nothing good to say about Palpatine so I'll leave it here. IMHO, he attempted to chill 1st Amendment speech here at FR because his side is currently losing in Florida. I know there are libelous statements made here on occasion but his motives are not altruistiic, they are self serving.
1,203 posted on 10/24/2003 6:24:16 PM PDT by jwalsh07
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To: honeygrl; Catspaw
It's friday and it's early yet.
1,204 posted on 10/24/2003 6:24:31 PM PDT by Neets (<---Posting as Cheesecake, raspberry, chocolate, white chocolate, peanutbutter, plain ole NY Style)
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To: nickcarraway
With all the trouble Mr. Schiavo has, you think he cares about Free Republic?

No, genius, his ALLIES care about FR--they want it SHUT DOWN.

1,205 posted on 10/24/2003 6:24:49 PM PDT by Poohbah ("Would you mind not shooting at the thermonuclear weapons?" -- Major Vic Deakins, USAF)
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To: Chancellor Palpatine
I can at anytime express my view or opinion based on testimony or anything else without anyone having any chance of filing slander! Slander or Libel has to be a statement that one made knowing it is false and it has to harm someone usually monetarily.

Furthermore what about someone who attempts to come on a board that is specifically set up for people to express their opinions and attempts to intimidate those not to exercise their protected right to free speech? I would be more concerned about someone filing a counter suit that this person attempted to usurp others constitutional right to free speech, got it bozo!!!!

MCD
1,206 posted on 10/24/2003 6:25:32 PM PDT by MSCASEY
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To: Askel5

1,207 posted on 10/24/2003 6:25:50 PM PDT by Neets (<---Posting as Cheesecake, raspberry, chocolate, white chocolate, peanutbutter, plain ole NY Style)
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To: Askel5
Atta girl.
1,208 posted on 10/24/2003 6:25:52 PM PDT by jwalsh07
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To: Neets
What's your favorite recipe?
1,209 posted on 10/24/2003 6:26:52 PM PDT by Cultural Jihad
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To: nickcarraway
"Hmmm, on all of Free Republic these laws only apply to Michael Schiavo and no one else. As far as I can figure from wondering around FR since January 1998. "

Well, the thread meant to address the freepers on the Terri threads.. no matter how much the poster of the thread wants to deny that, it's fairly easily implied considering that he mentions Florida specifically and was challenged for his opinions on some Terri threads.
1,210 posted on 10/24/2003 6:27:50 PM PDT by honeygrl (All of the above is JUST MY OPINION)
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To: Chancellor Palpatine; Calpernia
followed by phone calls, emails and faxes (many of which were based on or even contained portions of those wild tales) to the governor and legislators of Florida, who used that information to act in a manner contrary to the legal rights and interests of Michael Schiavo.

So politcal action is illegal? Are the voters of these representatives also in trouble for ``act[ing in a manner contrary to the legal rights and interests of Michael Schiavo.'' Is Michael Schiavo all-powerful?

1,211 posted on 10/24/2003 6:28:01 PM PDT by nickcarraway (www.terrisfight.org)
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To: Poohbah
No, genius, his ALLIES care about FR--they want it SHUT DOWN.

Oh I get it now. All of us who oppose leftists and the starvation death of Terri Schiavo will simply shut down our keyboards, put away our posters, remove the bumper stickers and slink quietly away. That way FR will never SHUT DOWN.

1,212 posted on 10/24/2003 6:28:18 PM PDT by jwalsh07
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To: Askel5; Neets
Yes, Askel5, you've reminded me of Chapter 213 of "As the Freeper Turns."
1,213 posted on 10/24/2003 6:28:21 PM PDT by Catspaw
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To: Poohbah
So are you saying that you and CP are allies of Michael or you are trying to save Freerepublic from ruin?
1,214 posted on 10/24/2003 6:28:36 PM PDT by Diva Betsy Ross ((were it not for the brave, there would be no land of the free -))
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To: Chancellor Palpatine
Do you have a specific case to site in support of your theories?
1,215 posted on 10/24/2003 6:29:54 PM PDT by nickcarraway (www.terrisfight.org)
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To: Cultural Jihad
You put crushed ice in the bottom part of the set.

Pour gin over ice in the shaker...stir, strain into the top part of the set. 2 Olives.

Wave a bottle of Vermouth over the glass just quickly enough to let some of the aroma espcape from the bottle.

One or two should take the edge off after a long day.

Seriously, I was a Tanquerey preferred consumer. Then one day a guy at work gave me a bottle of Boodles as a gift.

It is quite smooth..nice flavor.

1,216 posted on 10/24/2003 6:30:39 PM PDT by Neets (<---Posting as Cheesecake, raspberry, chocolate, white chocolate, peanutbutter, plain ole NY Style)
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To: honeygrl
Yes, exactly my point. All the sudden, this applies, onlt to the Terri Schiavo matter, after million of Free republic posts.
1,217 posted on 10/24/2003 6:31:56 PM PDT by nickcarraway (www.terrisfight.org)
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To: No More Gore Anymore
So are you saying that you and CP are allies of Michael or you are trying to save Freerepublic from ruin?

I really don't know--or care--what's CP's motives are. My motive is the latter.

1,218 posted on 10/24/2003 6:32:19 PM PDT by Poohbah ("Would you mind not shooting at the thermonuclear weapons?" -- Major Vic Deakins, USAF)
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To: Neets
That is the perfect way to make a martooni
1,219 posted on 10/24/2003 6:32:24 PM PDT by NeoCaveman (demonstrating absurdity with absurdity)
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To: dubyaismypresident
You ever get to Nooo Yawwwwwk, I'll make ya one.
1,220 posted on 10/24/2003 6:33:13 PM PDT by Neets (<---Posting as Cheesecake, raspberry, chocolate, white chocolate, peanutbutter, plain ole NY Style)
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