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)

[Catspaw]

Well, I really am broke. I owe more than all my stuff is worth. (which isn't much) We could probably file for bankruptcy right now, but I don't think it's fair to not pay back people I owe money to.

I doubt if that'd be a deterrant.

[Porterville]

I want him to be zotted, he is more viscous then a troll... he is more like a bolrog.

[TheAngryClam]

But does a Balrog have wings?

[Bikers4Bush]

It's about a lawyer with a star wars fixation trying to get people to stop trying to stop an insurance scamming adultering scumbag and his lawyer from murdering an innocent woman who's only fault was to have married the un-challanged, un-paralleled a-hole of the universe.

That's as far as I've gotten.

[Modernman]

If I'm doing everything within the borders of my own state, I'd think I'd have the right to not be blindsided by the laws of another state,

In such a case, where all the events in question occurred in your home state and the guy suing you was from another state, you'd get the benefit of your home state's substantive law.

Now, in the case of the rock thrown into Virginia from Maryland, your actions did harm in a different state, so you're not really doing eveything in the borders of your own state- the damage arose in Virginia.

[Bikers4Bush]

Just a small one accompanied by half a smirk.

[honeygrl]

"I guess it could be because this situation has generated a lot of difficult emotion for everyone in Terri's family, and everyone who knows her, and he doesn't really want to sue her Dad. Yep, I can see where he'd have much less reason to hesitate about suing say, you, than he would about suing his wife's dad. "

Yeah he's really shown how much he cares for Terri's parent's feelings, hasn't he? /sarcasm

[harrowup]

Whats this "we get to discovery" schtick? Whatcha suin' me for?

Cite your facts, retract or shut up.

[Calpernia]

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

Jim may not; but not all of us were/are transparent on this board. Nor did all of us think we would need to be.

I have strong reason to believe there are members or affiliates of the Michael Schiavo legal team on this forum.

One of them checked my profile, saw some of my links there and freep mailed me back my identity. Intimidation? Maybe. Warning? Maybe. Just being obnoxious? Maybe.

It is really too late now for me to suddenly become transparent since my identity is known. But, I don't think I've made any posts that are illegal.

[honeygrl]

Apparently CP doesn't like the Terri Schiavo threads or the people on them. (of course that's just my opinion, wouldn't want CP to sue me...blah blah blah)

[exmarine]

Call the courthouse in your county and ask if Bibles are used to swear someone in. In fact, call the courthouses in the counties in your state to see how many use the Bible to swear people in, and do the same in neighboring states. You'll be surprised.

Just one more sign that that nation is going stalinist.

[GeekDejure]

Is this what you are talking about???

A. Effective immediately, continued withholding of nutrition and hydration from Theresa Schiavo is hereby stayed.

But this says nothing about withholding oxygen !!!

Wherefore I still maintain that Mikey will suffocate Terri ... and the loss of oxygen will be blaimed on her further inability to function as a human being !!!

Terri is the only person who can implicate Mikey as the criminal who attacked her and thus put her into this ungodly paralyzed situation from the get go !!!

Posted by GeekDejure

[PhiKapMom]

I recommend not posting anything that will possibly result in a lawsuit or potentially a jail term.

Thank you for clearing up a statement that people were attributing to you to make it so they could post whatever they wanted under the guise that they would be protected behind their screen name. Knew that was not the case!

[Modernman]

Who or what are you swearing on?

You're swearing to tell the truth on pain of being found guilty of perjury, essentially. Whether you believe in God or not in this circumstance is kind of irelevant. Otherwise, atheists would be free to lie in court.

[Poohbah]

Crunch here for JimRob's definitive statement on the issue.

[TheAngryClam]

It's too bad that we don't get back to the roots of testifying- swearing on your testicles, under pain of castration.

[Area51]

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.


167 posted on 10/24/2003 11:36 AM PDT by harrowup (So perfect I'm naturally humble)
[ Post Reply | Private Reply | To 79 | View Replies | Report Abuse ]

---

Damned Marlin, did you see that shot. 274 paces with a 45-70. That Rino didn't even quiver. Straight down. BOOM. Like a Gross of Concrete blocks dropped for a ten story building.

What a Shot.

Harrowup , Big time RINO hunter.

Stay tuned for scenes from next weeks episode, when Jim Fowler wrestles the wiley imported Arkansas Hidabeast in upstate New York, while Marlin holds off the secret service.

[Modernman]

That whole circuit is pretty neat in terms of its folks.

I'm a fan of the 4th, too. Otherwise known as the "Rocket Docket."

[honeygrl]

Hey, i wonder if they sue those of us who owe more than we are worth, if they'd end up having to pay off the rest of our debts once they sell all our stuff?

[harrowup]

I want him to be zotted, he is more viscous then a troll... he is more like a bolrog.

Well, I don't know what that is but his very presence on this board makes my skin crawl.