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)

[Poohbah]

Michael is going to be on LKL on Monday. Is he a public person now?

Not necessarily. Would he have appeared on LKL absent the many appearances by people making all manner of allegations against him?

[tpaine]

Chancellor Palpatine wrote:

Take heed folks - hiding behind screennames will not defeat a Federal subpoena.

---

Chancey, take heed, - hiding behind your new screenname will not change the judgement of your peers..

Those who remember the "Massillon officer killed: Armed motorist also dies in shootout" thread; ---
-- followed by your behavior the next day on the
"Word For The Day, Wednesday, 9/11/02" thread; --
--- will never forget.


In effect, your behavior today is a mere shadow of that disruption. But disruption of this forum does seem to be your ongoing agenda..

Why is that?

[FITZ]

But it means that you'll have to grow up.

Is there a minimum age you have to be to post on here?

[Axenolith]

You'd be surprised, I heard of a few rubes in the Bay Area getting sacked for a few 10's of thousands.

The Nigerian scam is analogous to drift netting, for suckers...

[ambrose]

Gads, if we're all such tacky trailer trash, why are you humiliating yourself by sticking around?

Didn't say "all"... just a small, but increasingly vocal faction.

[Hobsonphile]

*boggle*

It seems to me that one is merely arguing technicalities and semantics when one requires the words "in my opinion" to be added to a statement for a statement to be considered an opinion. Should we not look at the *context* of each statement and make reasonable judgements based on that context?

[Lazamataz]

Is there a minimum age you have to be to post on here?

Yes.

For example, you cannot be a fetus.

[wimpycat]

One of the things that most attracted me to the conservative cause was its intellectual honesty. This honesty has been crumbling over the past several years. Does anyone notice? Does anyone even care?

Yes, and yes.

[Poohbah]

Is there a minimum age you have to be to post on here?

I would flag that minumum age as "old enough to know better."

Seriously: I've seen young (as in MINOR) FReepers with a very good sense of what to say and what not to say.

On the other hand, A+Bert and BadJoe cannot be described as grownups, despite their relatively advanced ages.

It's not age, it's maturity--and there are a lot of immature baby boomers approaching retirement.

[FITZ]

Why is it okay to slander people who might choose to live in "double-wides" but we're only allowed to say nice things about a man choosing to live in an adulterous relationship and who is trying to have his wife starved to death? Also a man who forbids her own parents from visiting with her on her deathbed?

[Lazamataz]

hah.. i need to go find some liquor..

I, on the other hand, need to go find someone to liquor.

[general_re]

Glad to see I wasn't alone in thinking that way about that post. I've never seen that thing before in my life, personally, and I have no freaking idea what the hell it's supposed to mean, although apparently it's supposed to be significant to someone. Frankly, this habit of people wandering around and muttering veiled insinuations under their breath about other posters is getting really damn old, if you ask me. Bring the freaking complaints out into the open, or just STFU about them - I don't care which - but grow the hell up and do something, dammit. This business of perpetually nursing grudges like you're growing hothouse flowers is just a load of childish crap.

[TheAngryClam]

YES!

Babyboomer flame war! I think that was the only topic that hadn't been mentioned yet.

For the record, I'm angry that their generation is going to expect my generation to foot the bill for their poor retirement planning. First up: President Bush's prescription drugs plan.

[IncPen]

I see you're back... and no sign of CP.

Shag him out from the budoir, will you?

We're waiting breathlessly to hear him confirm or deny his identity (or identities).

[FITZ]

LOL!!

[wimpycat]

What you said. :-)

[WackyKat]

If I had to guess, the people making the hysterical accusations are largely judgment proof. Even if they own a home, their double wide is protected by the homestead exemption.

Yes, but they could lose the bondo-covered 1978 Camero that's still sitting up on blocks in their front yard.

[general_re]

Well, since we're all having a good old fashioned b*tchfest, I figured I might as well pipe up too ;)

[Cultural Jihad]

Glad to see I wasn't alone in thinking that way about that post. I've never seen that thing before in my life, personally, and I have no freaking idea what the hell it's supposed to mean, although apparently it's supposed to be significant to someone. Frankly, this habit of people wandering around and muttering veiled insinuations under their breath about other posters is getting really damn old, if you ask me. Bring the freaking complaints out into the open, or just STFU about them - I don't care which - but grow the hell up and do something, dammit. This business of perpetually nursing grudges like you're growing hothouse flowers is just a load of childish crap.

Well said.

[honeygrl]

You know.. I really don't know you at all, but I looked up that WFTD thread you referenced. You appeared to be the disruptor in that thread. Even with deleted comments and the fact that CP/OPH/whoever he is isn't my favorite person right now, you really came out looking like the stalker with his feelings hurt.

(that wasn't really a good thread to point out and use in your defense)