DEFAMATION -- LIBEL AND SLANDER [Florida Law

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)

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.

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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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.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.