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 since many FReepers know Palpatine is a lawyer hiding behind that screen name, this threat takes on much larger proportions, and should be countered.
This kind of legal terrorism should not be tolerated. Palpitine is extracting his revenge for the will of the people trumping judicial and lawyerly activism.
This is one of the most vile attempts at censorship I've ever witnessed here.
A lawsuit is much more frightening than a fist fight and can lead to much more long-term damage.
How about under a court order? That's quite different from a subpoena.
I'd hope that the individual FReepers involved in such a situation would have the intengrity to break their anonymity, rather than rely on Jim's going to jail to protect them.
Libel.
Slander is spoken word, libel is written word.
Feel free to post here any libel or slander I have ever posted re Michael Schiavo. Regardless, its not libel to call a man a murderer and and an adulterer who...is a (attempted) murderer and adutlerer.
You fail to see that this is not about libel or slander.
This is about a FReeper who is a lawyer and using the law and Jim Robinson's website to attempt to silence those who have by their activism defeated his agenda.
He despises them and is attempting to extract revenge on them, which is reprehensible, far moreso than anything any FReeper has said about Terri's husband.
Open you eyes.
Blame it on one semester of media law I took waaaay back when.
No way in hell Shiavo would sue - it would open him up to discovery.
Well hell, if that is the case you should have been wherever "there" is a long tome ago.
Wrongo. Reckless disregard as to the truth or falsity gets you there too.
There is enough evidence in print (true or false) to lead one to speculate reasonably in the case of Michael Shiavo. It is not the job of any free citizen to independently check out every story they read in print.
You can no more be sued for calling Schiavo a murderer than you can be sued for calling Clinton a rapist.
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