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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
Navigation: use the links below to view more comments.
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To: Pan_Yans Wife
See 483. Yep. I know one thread I was on had all kinds of deleted posts. I'm sure they can't catch them all. I know they do their best. FR has posting rules.
641
posted on
10/24/2003 2:11:54 PM PDT
by
concerned about politics
( Have you donated to the Salvation Army? Liberals HATE Christian organizations! Tax deductable, too)
To: discostu
Hahahahahaha!
To: olorin
I wonder if concerned about politics will respond to my last post. I've got more in the aresnal of logic, but concerned about politics seems unwilling to understand.Which one? This is a quick moving thread. I have a 56K dial up.
643
posted on
10/24/2003 2:12:58 PM PDT
by
concerned about politics
( Have you donated to the Salvation Army? Liberals HATE Christian organizations! Tax deductable, too)
To: Eagle Eye
Raider fan? Damn, thats cold.
To: concerned about politics
645
posted on
10/24/2003 2:15:45 PM PDT
by
olorin
To: Chancellor Palpatine
What is so wrong about activism?
646
posted on
10/24/2003 2:15:55 PM PDT
by
Calpernia
(Innocence seldom utters outraged shrieks. Guilt does.)
To: Warren_Piece
Thank you! That's actionable. But I'm not the litigious sort.
647
posted on
10/24/2003 2:16:30 PM PDT
by
Eagle Eye
(I'm a RINO. I'm far too conservative to be a real Republican.)
To: honeygrl
That thread was posted a year and a half ago. When the FRN was forming, OPH offered pro bono legal advice which we appreciated. The Network's Attorney of Record for over a year has been Cleta Mitchell of the DC Law Firm Foley and Lardner.
648
posted on
10/24/2003 2:16:56 PM PDT
by
Bob J
To: lugsoul
Making a false statment about another person is wrong. However, assessing a person's actions in light of absolute moral principles is absolutely essential for a Christian, and I will do this till the day I die. If someone commits an evil act, I will scream it from the rooftops. However, I have every right to state that an act is a crime even if that person has not been charged with a crime, if absolute moral principles so dictate.
Let me ask you a question: The Nazi doctors in WW II said that "they were just following orders" when they put to death all of the disabled, mentally ill and retarded and homosexuals, etc. etc. The doctor who surgically removed the feeding tube - is he also just following orders? What is the moral difference between the Nazi doctors and the doctor who removed the feeding tube? If there is a difference, what is it? This is a moral question as is the attempted starvation/dehydration death of Terri Shiavo.
I am not a lawyer, but I know that public domain is applicable to copyright law.
To: CindyDawg
I'm not suggesting anyone do anything different. I've never advocated anyone do anything illegal. In fact, each and every poster here agreed when they registered not to use FR for illegal purposes.
Here's a copy of the agreement:
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Purpose: The Free Republic forum is intended for Conservative users who wish to have a serious discussion about political events, conservative principles and the elimination of government corruption and abuse. This is a news and information site not a chat room. Please stay on topic. Free Republic is a supporter of free speech on the Internet but we believe that along with the privilege of free speech comes the responsibility to respect the rights of others.
Please remember to use courtesy when posting, refrain from personal attacks and do not use profane or obscene language. Your posts will be read by thousands of people and will be archived for years to come. Violation of these guidelines can cause your account to be suspended or revoked. Your Free Republic account cannot be used to engage in any illegal activity.
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650
posted on
10/24/2003 2:18:58 PM PDT
by
Jim Robinson
(Conservative by nature... Republican by spirit... Patriot by heart... AND... ANTI-Liberal by GOD!)
To: Chancellor Palpatine
Please refer your "gleeful accusers" to #625. There's never enough time to suffer the obtuse individually. :)
651
posted on
10/24/2003 2:19:29 PM PDT
by
onyx
To: honeygrl
I didn't post on those threads and had no idea who was on which side! I followed your link and read some of the legal paperwork that has been filed. Until this, I paid little attention except for the fact they blamed Jeb for a lot of things he had no control over.
Seems some folks on here only want the Rule of Law to pertain to the DemocRATs -- they don't want it if it affects what they want done.
That I have gotten from these comments!
652
posted on
10/24/2003 2:19:37 PM PDT
by
PhiKapMom
(AOII Mom -- Don't forget to Visit/donate at http://www.georgewbush.com)
To: dogbyte12; Chancellor Palpatine
This is a fair question:
Please look at post #521 on this thread, and post #613, and answer the question.
Are you - or were you - known on FR as one_particular_harbour?
653
posted on
10/24/2003 2:19:49 PM PDT
by
IncPen
(A young man, from a small town, with a very large imagination...)
To: discostu
Alcohol. The cause of, and solution to all life's problems.
To: Chancellor Palpatine; Lazamataz
Well done, and quite right of you to bring a voice of sanity to these absurd threads.Maybe even some Freepers will learn to shut their stupid mouths when they suggest some people should be killed.
That's you, Laz, you damned fool.Once a punk, always a punk.
To: olorin
I'm not sure how you can argue with a straight face that FR posters are incapable of making assertinos of fact in their postings. Everyone is posting their thoughts. That's what the disclamer says.
I'm not advocating slash and burning other thoughts. Heck, you'd probably get banned, but thoughts are the opinions of the posters. This is a member conversation. If you wish to join in, it's your option. If you don't like the thoughts and opinions posted, don't read them. You come here volentarily. It's private - for members only.
656
posted on
10/24/2003 2:21:12 PM PDT
by
concerned about politics
( Have you donated to the Salvation Army? Liberals HATE Christian organizations! Tax deductable, too)
To: IncPen
Are you - or were you - known on FR as one_particular_harbour? What, are you taking a poll of some sort?
To: Modernman
Ignorance of the law is no excuse. That's a good justification for persecution, as if tyrants need one.
To: Godfrey of Bouillion
You call that gross negligence, to leave one's computer on, when other people are present in the residence? I'd guess that millions of people do it every day.If others have access to something that can commit me to spending money or cause me legal trouble, I keep it secured unless I'm using it.
659
posted on
10/24/2003 2:22:52 PM PDT
by
Poohbah
("Would you mind not shooting at the thermonuclear weapons?" -- Major Vic Deakins, USAF)
To: habs4ever
Excellent post.
660
posted on
10/24/2003 2:23:25 PM PDT
by
onyx
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