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)

[Porterville]

So a person can build a website and put naked pictures of themselves in every crazy position, but they can't say they liberal scum suckers suck scum and that General Clark almost started WWIII or that Joe Liberman is a souless sap, or that Ted-Liquor Kennedy kills women, or that Matt Louer is a coke head or that Al Sharpton is a Poverty Pimp who earned his power from Tijuana Browry (or whatever her name is) or that Katty the Colin is a self serving bitch???

I can't say these thing??? Well then I'll just get into internet porn then instead of politics.

[nothingnew]

"Come and get me, coppers!"

FMCDH

[general_re]

14k posts is extreme.

Oh, I know. But libel does clearly extend to cyberspace, which was the main point of the question, I think ;)

[Modernman]

One would think that due process would require that the defendant in the suit be subject to the laws of his state, not the state of whoever doesn't like what he's doing.

It really depends on the facts of the case. If I'm a Virginia resident, you're a Maryland resident, we had an auto accident in Virginia and I sue you in federal court in Virginia, Virginia substantive law would apply because Maryland has very few contacts to the case. Now, say we had the accident in Maryland, you're from Maryland and I'm a Virginian and I sue in Virginia federal court, the Virginia federal court would apply Maryland sunstantive law since Virginia has few contacts to the case.

[Pan_Yans Wife]

Freedom of speech implies responsibility. The ACLU won't care what you MEANT when you said something. They will attack and nothing is too low for them. The Democrats have shown that they aren't above using dirty tactics to win.

Take this thread as a warning, not a threat. I don't think Palpatine's purpose was to attack anyone, just inform others.

[Chancellor Palpatine]

We ought to have a conflicts flashback in here someday, heheh. "Party A, a Michigan resident, was driving in the Florida panhandle when he had a car wreck with Party B, a Georgia resident, who was at fault. He was taken by ambulance to Alabama, where he died from complications resulting from malpractice. Which forum controls?"

[harrowup]

Thats just silly - there are literally thousands of defamation suits that result favorably for plaintiffs - including against the press, and many of those for statements of opinion.

Categorically false

And no, I'm not playing stepnfetchit for you.

Of course not; because it is a lie and you are a liar

And you can FReepmail me for my ID provided you list all of your alias so I don't have to screw around at discovery. I've only one ID.

[fly_so_free]

"sinister attempt to stifle activism and free speech on Terri's behalf"

B I N G O !!!!!!!!!!!!!!!!!!!!!!!

[exmarine]

I don't live in Florida, and these ridiculous threats won't stop me from speaking out against EVIL whenever and wherever I see it. The bible sets the standard for what is right and what is not, and that is my standard. Let Florida argue with the basis of western law. Proving slander is very very difficult. Go ahead and waste your money and time.

[stainlessbanner]

You are correct, it exists because it is "print."

Many folks miss this key point to win a libel suit: You must show/prove how you were damaged by the statement in question.

If I say libelous statement about somebody and it's proved to be untrue, that's fine, but now how do we award damages? Proving damages is tough - its a grey area, but it's required to win a successful libel suit.

[Poohbah]

I think Jim Robinson has stated in the past that even if under subpoena he would NEVER reveal identifying confidential information about individual FReepers.

Jimrob, please confirm or deny this statement.

[el_chupacabra]

In diversity actions, you must also meet the minimum threshold amount in controversy. I think plaintiff would have a difficult time convincing a judge that a statement made on an internet discussion forum was the direct and proximate cause of damage exeeding the statutory minimum.

I also doubt that posting internet message board entries from your home in Idaho would be sufficient to give the Fla District Court personal jurisdiction.

But don't let that get in the way of your efforts to intimidate.

[Porterville]

Then we are all criminals then so I choose to be a free criminal... how does the saying go???

[Catspaw]

Proving slander is very very difficult

Libel.

Slander is the spoken word, libel the written word.

But I doubt if the difficulty factor would enter into a defamation suit. Have you ever heard of an easy civil lawsuit?

[NeoCaveman]

No way in hell Shiavo would sue - it would open him up to discovery.

I think you've got something there, dirtboy.

[Warren_Piece]

It sounds like when a mobster tells someone who crosses him: "Be careful. You wouldn't want your pretty little daughter to get in an accident."

Technically, it's a warning. It is also in reality a (veiled) threat.

[Modernman]

I would say Florida or Alabama, depending on the nature of the suit. If it was a malpractice suit, definitely Alabama. A suit over the car accident would be Florida. I don't think Michigan or Georgia have strong enough ties to the case to get their substantive law applied.

Trick question- does the residency of the heirs bringing the wrongful death suit on behalf of Party A matter when determining the existence of diversity jurisdiction?

[Old Professer]

. I am envisioning MULTIPLE lawsuits! The ACLU is now on the side of Schiavo.

This makes four posts where you intimate that actionable statements have been made here without citing a single one; is it too much to ask for an example?

[gdani]

No, you can't be sued , arrested or pilloried in America for offering up opinions despite what Palpatine wants some to think.

Sure you can be sued. The question is whether the lawsuit would be/is successful.

Of course, if you have to spend tens-of-thousands of dollars to defend yourself then does it ultimately matter if the suit is successful or not?

Certain developers & corporations are fond of suing (with no just cause) just to bankrupt the opposition. They're known as SLAPP suits (Strategic Lawsuits Against Public Participation) -- not a legal term, just a slang-type term.

[honeygrl]

"Have you warned freepers of this before on other threads? If not, why not? "

I have yet to see him warn people on the Kobe threads for calling Kobe a rapist.