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)

[Pan_Yans Wife]

I'm here with you, PKM. I agree, completely.

[dogbyte12]

Where is that? I read it as a discussion of Florida law.

Please

[Pan_Yans Wife]

So then which people in the court qualify as "officer of the court"?

[Modernman]

So then which people in the court qualify as "officer of the court"?

Generally, that would apply to judges and lawyers. As an officer of the court, I could issue a subpoena in a lawsuit to compel a witness to appear in court, among other things. It has to be related to a case- I couldn't subpoena you outside of that context.

Failing to respond to a subpoena would lead to me going to the judge and asking for a court order- failing to respond to a court order would lead to contempt of court.

My fiance is the litigator in the family- I'm just a transactional lawyer, and she wants me to add the caveat that there may be differences in various jurisdictions as to the extent of the subpoena power.

[Pan_Yans Wife]

Thank you. Your patience is appreciated.

[Modernman]

FR has become a war zone lately, only the enemy has switched from who it should be, LETISTS, to each other in thread after thread.

Well, we control the White House, the Senate and the House. The Dems are spending all their time cutting their own throats and are determined to nominate a presidential candidate (Dean) who makes McGovern look like a winner.

In such an environment, where beating on liberals is as challenging as kicking a cripple, it's only natural that we turn on each other.

Kind of makes you miss the Clinton years, don't it?

[Modernman]

However, I have grown very tired of people who claim that Christianity is the wellspring of every instance of progress since its inception, and who wish to pretend that the true roots of western civilization in Greece and Rome somehow did not exist before Christianity.

(Nods head vigorously).

I've had these folks deny any link between Classical Greek and Roman concepts of democracy and the Founding Fathers. In their view, the FF were divinely inspired to create our current republic, with no connection to pre-Christian civilizations. Never mind the fact, for example, that the Roman Republic had a very similar three-branch of government set-up. Never mind the fact that both the Greeks and the Romans accepted the idea of inalienable rights for citizens.

But, hey, why let history get in the way of your desire to paint America as a divinely inspired Calvinist state.

[Modernman]

Christianity predates the pagans

Umm, no. Unless the Babylonians, Egyptians, Mycenians, Sumerians etc. etc. didn't exist.

[Modernman]

I'm telling you, he's a quasi-sentient computer virus.

[TheAngryClam]

That one was my favorite.

[honeygrl]

Excellent post!

[honeygrl]

"I blame the federal reserve... "

no no.. it's all the libertarians fault.

[yonif]

bump for later read, maybe.

[honeygrl]

"bump for later read, maybe. "

good luck.

[jjbrouwer]

The problem with psychos is that they rarely do what we want them to.

[exnavy]

If you have a bible open to Genisis, chapter one, verse one, Christianity predates EVERYTHING.

[TexConfederate1861]

Hehe!

Yes, Ole Judge Roy was an interesting character...He was known as the "Law West of the Pecos" when the areas west of the Pecos River in West Texas was kind of a badlands, where regular lawmen didn't go. There was an interesting movie made about his life with Ryan O'Neal back in the 1970's, but you have to ignore the drama parts. :)

Along that line though, My Grandfather twice removed was a Texas Ranger, and my Grandmother told me the story of how he went to chase a man who stole his horse, came back with the horse, and left the man hanging from a live oak tree.....(Frontier Justice in the 1880's)

[Askel5]

===Is askel saying "don't screw with me or there's more where that came from"? Is this private email to her that she's threatening to release? To you? To someone else? About her? About you? About someone else?


Why don't you ask Askel?

[unsycophant]

I learned years ago that asking askel anything would result in a diatribe that would be convoluted and confusing, filled with Important Points made using Capital Letters and directed at The Women, The Girls, and other persecutors that always seem to turn up in saga of "As the Wormtongue Turns".

[Modernman]

If you have a bible open to Genisis, chapter one, verse one, Christianity predates EVERYTHING.

Greek creation myths claim that the world was created by the Titans. Go ahead and prove that the Bible is correct, while the ancient Greeks are not. And, please do not rely on the Bible to prove what's in the Bible, as that is what's known as circular reasoning.