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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: Lazamataz
I wish I kept your profanity laced freepmail you sent to me, which under the circumstances, was another in along list of your lies.I was correct in what I had said to you about your "troubles", but unlike you, have NEVER advocated the killing of another who wasn't a terrorist.Hypocrites like you ought to think better to avoid casting the first stone.

I will post to you when you cross the line, and only a mail from Jim Rob will prevent me from calling you an ass when you warrant such things.
721 posted on 10/24/2003 2:40:56 PM PDT by habs4ever
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To: Chancellor Palpatine
>>>followed by phone calls, emails and faxes (many of which were based on or even contained portions of those wild tales) to the governor and legislators of Florida, who used that information to act in a manner contrary to the legal rights and interests of Michael Schiavo.

So if the material I sent doesn't have any alledged facts, but only personal concern, then that is allowed? (merely asking a loose opinion, I don't think it would be appropriate to post what I've sent for your review....Just IYO)
722 posted on 10/24/2003 2:41:54 PM PDT by Calpernia (Innocence seldom utters outraged shrieks. Guilt does.)
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To: Catspaw
With help from Above I can take the hits like that.

It doesn't make it right and I hope that we can all just get along in the future.

(/drippy sarcasm)
723 posted on 10/24/2003 2:42:12 PM PDT by Eagle Eye (I'm a RINO. I'm far too conservative to be a real Republican.)
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To: Chancellor Palpatine
Do you believe that you being OneParticularHarbour in a different iteration is not germaine here?

Answer the question please. Are you the same person who posted as OPH? Did you do legal work for FR Network? YOU can ignore the question, however, people reading this thread are not.

A lawyer who hides his identity, not once, but twice, while instructing everybody else about anonymous posting is quite rich don't you think?

Did you post under that name or not? Yes, or no?

724 posted on 10/24/2003 2:42:25 PM PDT by dogbyte12
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To: lonevoice
lonevoice wrote:

Okay, now was that comment part of the Ghostbusters thread, or was it about the person who started this thread? /sarc

******************************************

Hhhhmmmmmmm......
Hadn't thought of THAT!

Lessee...."We report, YOU decide!"
:-)

Tia

725 posted on 10/24/2003 2:42:47 PM PDT by tiamat ("Just a Bronze-Age Gal, Trapped in a Techno World!")
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To: wimpycat
Darth Wimpycat?
726 posted on 10/24/2003 2:43:39 PM PDT by LanPB01
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To: Chancellor Palpatine
. They reacted to the pressure politics based on the emotionalism of the moment. We're supposed to be about rational consideration

Her video was all over TV, and they were calling her a comatose or vegatable and should be starved to death. I think that's what did it. Millions around the country saw it.

727 posted on 10/24/2003 2:43:53 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: habs4ever
You are full of shit. I've never seriously advocated killing people. I write a lot of goof posts. But I understand how a Special Olympics contestant can get confused from day to day.

Please go away. Please do not ever post to me ever again.

728 posted on 10/24/2003 2:43:56 PM PDT by Lazamataz (I am the extended middle finger in the fist of life.)
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To: aristeides
And apparently some FReepers are more victimized and persecuted than others. So sorry for your whatever ails you. Perhaps you will be treated more fairly and equally in some future life.
729 posted on 10/24/2003 2:44:46 PM PDT by Jim Robinson (Conservative by nature... Republican by spirit... Patriot by heart... AND... ANTI-Liberal by GOD!)
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To: PhiKapMom
I have no idea if CP is OPH, although some people seem to claim so. I was merely clarifying erroneous conclusions about a year and half old post that evidentally was referenced here from another site.

A site that I'm sure has the best intentions for FR in their heart.
730 posted on 10/24/2003 2:44:50 PM PDT by Bob J
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To: Chancellor Palpatine
Perhaps you could enlighten us as to the evidence they heard, the witnesses called to testify before committees, or the how much of the trial record reviewed? You and I both know the answer to that - which is very little, if any at all. They reacted to the pressure politics based on the emotionalism of the moment. We're supposed to be about rational consideration of policies based on solid fact.


711 posted on 10/24/2003 2:39 PM PDT by Chancellor Palpatine
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Kind of reminds you of that ah Gasp, Patriot act.
The Legislation the Congress voted on without reading it.

Hmm, what was your take on the passage of that legislation?
731 posted on 10/24/2003 2:45:24 PM PDT by Area51 (RINO hunter!)
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To: honeygrl
I only hit here occasionally during impeachment, and don't think I posted because my computer in '97 and '98 was crap. I thought then, and do now that the impeachment was messed up and that the focus of the pundits, commentators, and Starr was so far off the mark as to be stupid. They focused on the sex, gasping like a bunch of hysterical women. I'd have given him a pass on the sex and even teh paula Jones perjury - but the Nixonian level at which he summoned the attack dogs for mediocre crap was clearly an orchestrated cover up, and for that, he shoulda been pink slipped.
732 posted on 10/24/2003 2:45:37 PM PDT by Chancellor Palpatine
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To: dogbyte12
Did you know that New Jersey has the most toxic waste dumbs in the country?

Did you also know that Calif. (not FLA) has the most lawyers?

There is a reason for this:

New Jersey had first pick. :) (i love this joke)

733 posted on 10/24/2003 2:45:47 PM PDT by exmarine
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To: Calpernia
If identities are being tracked/recorded/noted, anything we have posted up to this point is fair game. What are the suggestions?

You can't do anything about anything libelous you might have already posted, just like you can't do anything about any banks you might have robbed in the past.

Eventually the statute of limitations will protect you.

The chances of anyone here getting sued are pretty minimal, unless it's an orchestrated attack by the Democrat party. While there have been many attacks on individuals that might be judged libelous, almost all fall into the category of being somewhat debatable, or expressions of opinion. And then there's the question of whether someone's reputation has truly been damaged as a result of the post. How can Bill Clinton's reputation be hurt at this website?

Like it or not, people are skating on thinner ice on the Schiavo threads. The ice isn't much thicker on the Kobe threads or the Laci Peterson threads. In a lot of instances, posters here are risking a suit which they could lose.

It probably won't happen, simply because it won't be noticed, or the amount of the award recoverable isn't worth the trouble of filing a suit.

But it remains a possibility. Nobody is immune to a libel suit simply because they're posting under a screen name.

734 posted on 10/24/2003 2:45:48 PM PDT by Dog Gone
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To: exmarine
"I would be guided by absolute moral principles"

Man has a stroke. Can't swallow, make voluntary movements, or speak. Breathes and regulates blood pressure on his own. Remains in this condition for 13 years, kept alive by care requested by legal guardian. Brain scan shows little or no activity. History of similar cases shows little or no chance of reversal of condition.

Go ahead and riff on your absolute moral principles and their applicability for the doctor and the legal guardian. It will be easy to see why you are not a doctor.

735 posted on 10/24/2003 2:46:01 PM PDT by lugsoul (And I threw down my enemy and smote his ruin on the mountainside)
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To: Chancellor Palpatine
I don't doubt what you're asserting one bit, OPH.

Still I find it a little more than intertesting you felt compelled to post this now, eh?
Where were you & your "legal advise" when I suppose OJ, Clinoccio or any other number of people could've posed an equal -- if not more serious -- threat to this forum given the "letter of the law" you've so graciously provided.

C'mon ol' boy, whisper into my ear.
What's the angle you're working here.
Where've you a dog in this -- or any other -- fight outside of whatever your *practice* generates?

What's really behind the motivation of your clarion call that you'd go so far as to cite chapter & verse, hmmm?
Surely you must've known -- full well -- all it'd do is serve to stir up a hornet's nest of needless anger over what already is a sickening & heartbreaking situation?

I suppose you could claim yours is out of a "sincere concern" for the welfare of the forum's participants?
That it?
OK, I believe you. {wink-wink}
Your motive(s) are as pure as the driven snow.

Well gee thanks, Emporer.
Who'd a thunk it.

...you're really just a swell guy.

736 posted on 10/24/2003 2:46:22 PM PDT by Landru
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To: Lazamataz
You advocated that Michael Schiavo should be killed, twice, on one thread, and you think it's meanspirited to call you a damned fool? Suck it up and grow a pair.You are all for displaying your own private demons for all FR to read, yet can't stomach when some have the temerity to object to your gross displays of vanity and childishness.

737 posted on 10/24/2003 2:46:49 PM PDT by habs4ever
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To: Jim Robinson
I could stand a few shots of whiskey if you don't mind. I mean after all, what kinda saloon you running here anyway?
738 posted on 10/24/2003 2:46:51 PM PDT by Area51 (RINO hunter!)
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To: Area51
hah!
739 posted on 10/24/2003 2:47:37 PM PDT by honeygrl
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To: Lazamataz
You said it twice.You are lying.
740 posted on 10/24/2003 2:47:38 PM PDT by habs4ever
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