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DEFAMATION -- LIBEL AND SLANDER [Florida Law - FReepers Heed]
Florida Bar Association ^

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)


TOPICS: Heated Discussion
KEYWORDS: catholiclist; michaeldobbs
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To: TheBigB
"All right, who brought the dog?"
601 posted on 10/24/2003 1:56:57 PM PDT by Modernman ("I'm just a simple man, trying to make my way in the universe."- Jango Fett)
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To: honeygrl
While CP does have a valid point, I do not believe that he/she posted it for the welfare of the Terri supporters. CP has appeared on several of the threads with the posts he/she is warning about and never once warned anyone about those posts on those threads.

I will agree that there have been threats against Michael Schiavo's well being and that many have accused him of criminal activity. Most of them were made due to an emotional case with anger driving them. Does that make them right? Well not the threats as we have no right to threaten someone's life. That is criminal. Can we make accusations? Not if we can't prove them. But, I am wondering, when did speculation become a crime?

So, while the warning may be necessary as Schiavo's team has garnered some "major league" support from those who the majority here openly declare as the enemy, I seriously, and I mean seriously, question the motive for CP posting this. He/she has made some pretty seemingly heartless posts in the Terri threads.

IF CP TRULY has the welfare of Free Republic, Jim Robinson, and the posters here at heart, he/she has certaily taken his/her time to make this warning. IF CP is an attorney I would seriously question his/her ethics. I liken this late warning to that of him/her knowing that a house is on fire and allowing someone to go into that house then telling them of the fire after they are already inside. OTOH, some may say better late than never.

I will most certainly take responsibility for anything and everything that I have said concerning this case.

602 posted on 10/24/2003 1:57:24 PM PDT by PleaseNoMore
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To: exmarine
I was referring to your grotesquely incorrect statement of "public domain" law. But whatever.
603 posted on 10/24/2003 1:57:25 PM PDT by lugsoul (And I threw down my enemy and smote his ruin on the mountainside)
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To: Dog Gone; Chancellor Palpatine
>>>Regardless, if anyone thinks that they can't be held liable for posting something at this website, they're wrong. It hasn't happened yet, and it probably won't happen in this case, but it could. It could also happen on any other thread involving any other topic.

I think it has started to happen. What can we do about it? If identities are being tracked/recorded/noted, anything we have posted up to this point is fair game. What are the suggestions?

604 posted on 10/24/2003 1:57:42 PM PDT by Calpernia (Innocence seldom utters outraged shrieks. Guilt does.)
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To: R. Scott
What is his lawful excuse for doing so when he could divorce her or give up his guardianship and let her parents handle her affairs instead and she would continue living?

And please don't attempt to use the "he said she said she wouldn't want to live this way" because that just doesn't justify him wanting her dead and it certainly doesn't justify the quotes that her nurses swore he made about wanting to know when the bitch was going to die.
605 posted on 10/24/2003 1:58:11 PM PDT by Bikers4Bush
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To: discostu
"Ray, when someone asks you if you are a god, you say yes!"
606 posted on 10/24/2003 1:58:42 PM PDT by Grando Calrissian
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To: TheBigB
"Tell him about the Twinkie"
607 posted on 10/24/2003 1:59:16 PM PDT by Modernman ("I'm just a simple man, trying to make my way in the universe."- Jango Fett)
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To: lugsoul
There are SO MANY millions of laws nowadays that no one can possibly be aware of them all, let alone obey them. That's what happens when you take God out of the picture - all human restraint goes with it. But whatever..
608 posted on 10/24/2003 1:59:20 PM PDT by exmarine
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To: Modernman
"He slimed me." ;)
609 posted on 10/24/2003 1:59:26 PM PDT by TheBigB (I respectfully decline the invitation to join your hallucination. But thanks for asking.)
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To: Modernman
"What about...the twinkie?"
610 posted on 10/24/2003 1:59:48 PM PDT by TheBigB (I respectfully decline the invitation to join your hallucination. But thanks for asking.)
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To: exmarine
There are SO MANY millions of laws nowadays that no one can possibly be aware of them all, let alone obey them.

Ignorance of the law is no excuse.

611 posted on 10/24/2003 2:00:14 PM PDT by Modernman ("I'm just a simple man, trying to make my way in the universe."- Jango Fett)
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To: Chancellor Palpatine
You - "I didn't know them personally, I heard them on the internet".

Lawyer - "From where?"

Here on FR, Terri's fight, and some other places in cyberspace."

FOX news and Terri's parents website.

612 posted on 10/24/2003 2:00:14 PM PDT by concerned about politics ( Have you donated to the Salvation Army? Liberals HATE Christian organizations! Tax deductable, too)
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To: Chancellor Palpatine
Take heed folks - hiding behind screennames will not defeat a Federal subpoena.

Are you OneParticularHarbour or not? It is a fair question, as you are speaking about people hiding behind screen names. It is quite germaine to this discussion, considering the thread somebody posted about OPH doing legal work for FR network.

If you are OPH, and hiding it, and posting this, through the cover of a different persona, it highly affects the signifigance of your posting.

So, what gives? If you are just participating in threads, it's a different animal, but here, your identity is crucial. I don't think you can duck this one anymore.

Is Palpatine and OPH the same person? Yes or no?

613 posted on 10/24/2003 2:00:34 PM PDT by dogbyte12
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To: Pan_Yans Wife
Not to mention, if the big Democratic forces in Florida stand behind them and offer them all the assistance they need, we could see FR, or at the very least, Freeper's silenced. And, if that happens, we may realize too late that Bennett and Rush were just the beginning.

Why is this so hard for Freepers to compehend? You and others are trying to warn them and they keep insisting on their rights and that CP has an agenda! Makes me wonder what is their agenda?

614 posted on 10/24/2003 2:00:48 PM PDT by PhiKapMom (AOII Mom -- Don't forget to Visit/donate at http://www.georgewbush.com)
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To: Chancellor Palpatine
"Oh yeah, you'll get your day in court, alright."

Somehow, that sounds like a threat.
615 posted on 10/24/2003 2:01:11 PM PDT by honeygrl
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To: olorin
Can't you read? It says right there on the home page that posters cannot make statements of fact!

Do I need a tag for this?

616 posted on 10/24/2003 2:01:13 PM PDT by lugsoul (And I threw down my enemy and smote his ruin on the mountainside)
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To: Area51
Wonder how long before this post says bye-bye...
617 posted on 10/24/2003 2:01:20 PM PDT by Sam Spade (writing music to save our civilization)
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To: Modernman; TheBigB
we should just do a Ghostbusters thread, instead of bumping this thing.
618 posted on 10/24/2003 2:01:21 PM PDT by NeoCaveman (demonstrating absurdity with absurdity)
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To: Grando Calrissian
Long one of my favorites. Then there's the one that's the basis for my entire career:
If there's a steady paycheck in it I'll believe in anything.

Well my department has decided we need to improve moral and build team bonds... over fermented barley and hops, have fun guys.
619 posted on 10/24/2003 2:01:57 PM PDT by discostu (The Joan Wilder?!)
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To: TheBigB
"In my opinion...Michael Schiavo is a lying, murderous, money-grubbing, hypocritical, evil-through-and-through bag of festering pus. If he or his evil lawyer want to take me on, let 'em try. But fair warning...the only ones they usually try to take out are the weak and sick. I'm 6'3", 230 pounds, healthy, and I hit back. Hard"

...Dammit you beat me to it. For the record I say it too. Everything stated above comes from me as well.Except I am only 6'tall.
...What a pathetic attemt to stifle free expression. Its disgusting. If someone wants my address it's not that hard to get. Freep mail me and I'll give it to you along with my phone number and give you access to my account so you can check what I have said in this matter and I have said a lot, if you want to prosocute me. The day I fear some sniveling bastard who believes it's ok to kill a defenseless person will be the day I am dead.
620 posted on 10/24/2003 2:02:24 PM PDT by Graybeard58
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