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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: Cultural Jihad
Nice looking bottle.

I've never been brave enough to try the big "T".
1,261 posted on 10/24/2003 6:51:07 PM PDT by Neets (<---Posting as Cheesecake, raspberry, chocolate, white chocolate, peanutbutter, plain ole NY Style)
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To: Senator Pardek
Nice retreat - reminds me of the female Clinton supporters in days of old ;)

Ah, nice smear tactic, but I didn't write what you posted--but say that I did. Why are you accusing me lying? If claim I wrote this, you'd better be able to back it up and you better back it up in writing. And you'd better do it NOW.

1,262 posted on 10/24/2003 6:51:30 PM PDT by Catspaw
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To: ckca
Wait, just to emphasize, I'm not agreeing with onyx specifically....
The point I'm making is that the ACLU just got on board, and it's no coincidence that this is happening right now. It's liberal scare tactics.
Not sure where onyx is in all this....
1,263 posted on 10/24/2003 6:52:12 PM PDT by sfRummygirl (SAVE TERRI SHINDLER SCHIAVO...www.terrisfight.org)
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To: Poohbah
The ACLU is never, never, never going to be a party to Michael Schiavo going after a web site. Are you in a position with the ACLU that you can guarantee that?

Wouldn't they have to go after every AOL chat room, every MSN chat room or forum, DU forum, Liberty Post, Liberty Forum, every message board that exists? They could not single out one board and try to censor all opinion on just one but not all the rest.

1,264 posted on 10/24/2003 6:52:24 PM PDT by FITZ
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To: nickcarraway
Here's a nice case that covered all sorts of nasty accusations on the net and in emails. Plaintiff loses.

Nicosia v DeRooy

1,265 posted on 10/24/2003 6:53:41 PM PDT by jwalsh07
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To: dirtboy
I'm confused by this whole thread. Is some lawyer going to come after individual Freepers just like the Recording Industry is coming after individual downloaders? Because those people didn't expect it could ever happen to them. Would someone or some federal agency come after Freepers someday?
1,266 posted on 10/24/2003 6:53:48 PM PDT by Ciexyz
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To: Poohbah
By the way, did you read any of the comments about 1)the Smart family 2) Scott Peterson 3) that Westerfield guy in San Diego (I think that's his name)

The comments on Mr. Schiavo pale in comparison to what was said about them. They were much worse. But no one said anything back then. And those are just examples, there are many more cases.

1,267 posted on 10/24/2003 6:54:03 PM PDT by nickcarraway (www.terrisfight.org)
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To: nickcarraway
Also ---- everything that gets discussed here gets discussed in private homes, church halls, workplaces, restaurants, bars, picnics in parks ---- anywhere a 2 or more people might get to talking and discussing news or politics. It seems like a ridiculous threat to tell people they cannot discuss motives of those who want their wives dead.
1,268 posted on 10/24/2003 6:54:41 PM PDT by FITZ
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To: Catspaw
If that's a threat of legal action, you're doing more to give us lawyers a bad name than demanding payment for legal research on the Web.
1,269 posted on 10/24/2003 6:54:49 PM PDT by aristeides
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To: FITZ
Fitz, the ACLU is not coming to town whether we've been bad or good for goodness sake.
1,270 posted on 10/24/2003 6:55:02 PM PDT by jwalsh07
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To: jwalsh07
It's not easy to win such a suit- even in cases that seem clear.
1,271 posted on 10/24/2003 6:55:05 PM PDT by nickcarraway (www.terrisfight.org)
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To: Poohbah
And are you giving Jim Legal advice?
1,272 posted on 10/24/2003 6:55:45 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: Catspaw
If claim I wrote this, you'd better be able to back it up and you better back it up in writing.

LOL - moron.

1,273 posted on 10/24/2003 6:56:24 PM PDT by Senator Pardek
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To: nickcarraway
BTW, your AOL case involved a public official covered under Sullivan.

I reported on a penny-stock operator in California. I relied on SEC filings by the plaintiff for all statements of fact in the article. That saved me a pretty penny, because the case never went to trial--it was thrown out on prelim.

Libel law in this country is either extremely weak--or it is extremely strong. There is no middle ground.

1,274 posted on 10/24/2003 6:56:35 PM PDT by Poohbah ("Would you mind not shooting at the thermonuclear weapons?" -- Major Vic Deakins, USAF)
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To: Pan_Yans Wife
Listen to what you are saying....take a step back. You are buying into the fear tactic. Think about it for a moment. I'm serious, I'm not being sarcastic.
1,275 posted on 10/24/2003 6:57:43 PM PDT by sfRummygirl (SAVE TERRI SHINDLER SCHIAVO...www.terrisfight.org)
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To: No More Gore Anymore
No, I'm giving everyone--including, incidentally, myself--legal advice.

Bottom line: know where fact ends and opinion begins, and indicate which is which. It will save you a bunch of trouble at the marginal expense of not allowing you free reign to throw verbal hand grenades.

1,276 posted on 10/24/2003 6:58:13 PM PDT by Poohbah ("Would you mind not shooting at the thermonuclear weapons?" -- Major Vic Deakins, USAF)
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To: aristeides
If that's a threat of legal action, you're doing more to give us lawyers a bad name than demanding payment for legal research on the Web.

Ah, that still bugs you, huh? You could've done your own research, you know, rather than asking me a few minutes before the opening pitch.

1,277 posted on 10/24/2003 6:58:16 PM PDT by Catspaw
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To: Catspaw
you'd better be able to back it up and you better back it up in writing.

And I'll do as I please - You'll be in jail before you even contacted a lawyer concerning me.

1,278 posted on 10/24/2003 6:58:20 PM PDT by Senator Pardek
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To: Senator Pardek
LOL - moron. I see you've finally found something close to your lowest level. Personal attacks and name calling is about your speed.
1,279 posted on 10/24/2003 6:59:24 PM PDT by Catspaw
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To: nickcarraway
Actually, it's damn near impossible and if you read the case you will find that the rhetoric, hyperbole and even the name calling sometimes employed here at our august site is NOT actionable. At least according to the ninth circuit. LOL
1,280 posted on 10/24/2003 6:59:30 PM PDT by jwalsh07
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