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)
And whining old malcontents like you and A+Bert to bite people's ankles.
Maybe I should ask if that's considered sexual harassment.
It's probaby a little late for a grammar lesson but it should actually be "biting Bert and me"...
The best thing that happened to you was that OPH came back so you could follow him from thread to thread like a deranged fan. Do you keep a copy of Catcher in the Rye in your left pocket?
Your last 400 posts would not only bore Bob but they could be put to some use as a cure for insomnia.
Ooohh, ya got me by ten times more jj! How clever.
The best thing that happened to you was that OPH came back so you could follow him from thread to thread like a deranged fan.
Countering his type of lies is me hobby.. I 'follow around' a bunch of clowns like him on this forum. Can't avoid em really.. As I said, - its target rich with your type..
Do you keep a copy of Catcher in the Rye in your left pocket?
Sorry kid, 'Catcher' was after my day. What is it again that wimps like you saw in it?
Catcher in the Rye was published 52 years ago. You stopped reading before 1951??? This explains quite a lot.
We still have the Victrola I grew up with and my most cherished possession is Sir Thomas Beecham's 78rpm recording of Sibelius' Violin Concerto in D with the London Philharmonic in EMI's Abbey Road Studio in 1935. It was the first of many classical recordings I received as gifts from my parents in lieu of toys.
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