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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: Chancellor Palpatine
...people spreading wild statements on the internet as fact without checking them out or having firsthand knowlege,...

Since you clearly have some first hand experience with spreading wild statements can you possibly respond to some questions regarding your past association with, among others...:

One_particular_harbour
JoeEveryman
habs4ever
Panjandrum

761 posted on 10/24/2003 2:55:29 PM PDT by harrowup (So perfect I'm naturally humble)
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To: Chancellor Palpatine
Have you done legal work for FR network? Is that top secret legal info or sumtin?

Perhaps it is.

762 posted on 10/24/2003 2:55:50 PM PDT by dogbyte12
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To: Chancellor Palpatine
Actually, the best story was in the footnotes of the Starr report.

All that anal stuff and all.

Ugh.
763 posted on 10/24/2003 2:56:02 PM PDT by Conservababe
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To: habs4ever
You said it twice.You are lying.

You misunderstood it twice. You are a moron.

Go away, creep. Go back to kicking your dog or whatever else it is you do for fun.

764 posted on 10/24/2003 2:57:25 PM PDT by Lazamataz (I am the extended middle finger in the fist of life.)
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To: Chancellor Palpatine
OK - Let me guess:

Just who in Florida is verrrrrrrrrrrrrrrry angry at some Freepers later?
765 posted on 10/24/2003 2:57:36 PM PDT by Robert A Cook PE (I can only support FR by donating monthly, but ABBCNNBCBS continue to lie every day!)
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To: exmarine
You said the judge ordered the feeding tube removed. That is wrong. If the Schiavos don't intervene, the judge is never involved. The judge said the Schiavos couldn't stop it - he didn't order that it be done. If you don't understand the difference, think about this question: If Michael changed his mind and decided not to pull the tube, would he be in contempt of court?

You can't even keep black and white straight in your own black and white mind.

766 posted on 10/24/2003 2:58:09 PM PDT by lugsoul (And I threw down my enemy and smote his ruin on the mountainside)
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To: concerned about politics
On 10/24/03, at 5:55 pm, are you concerned about politics, and posting on this forum?

Then, what about 10/22/03 at 6:05 pm?
10/22/03 at 6:12 pm?
10/22/03 at 720 pm?

Don't you see that it isn't YOUR posts that are the problem, they will already have those. What they want is your harddrive so they can learn every person you wrote regarding the Schiavo case, even your buddy's, uncle's, best-friends, sister who happens to be a lawyer in Tampa!
767 posted on 10/24/2003 2:58:10 PM PDT by Pan_Yans Wife (You may forget the one with whom you have laughed, but never the one with whom you have wept.)
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To: Chancellor Palpatine
Sure are a lot of people here and THERE who have a H-on for you dude.....

"It ISN'T that serious".....(something my 17 y/o daughter says all the time when she sees/hears people getting frothed over petty, spiteful things)
768 posted on 10/24/2003 2:58:12 PM PDT by Neets (<---posting as chopped liver yet again.)
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To: harrowup
Why don't you just ask him if he's now, or if he's ever been, a member of the communist party?
769 posted on 10/24/2003 2:58:37 PM PDT by LanPB01
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To: concerned about politics
If that's your opinion, yes. My opinion? Well, for now.

Huh? Now you're just not making sense. But I'll try a different tack. In post # 716, you state "Mine is ALWAYS an opinion, just like it says." That is an assertion of fact. In other words you declared (made an assertion) that you always post an opinion (perform a certain action which is one of the definitions of the 'fact'). Never mind that your assertion of fact in # 716 is inherently contradictory with itself.

770 posted on 10/24/2003 2:59:26 PM PDT by olorin
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To: honeygrl
I have a solution (see tag) Got any popcorn left? I'm about done here. Minds seem to be made up. Think I'll be heading back to the Terri threads. (no door jokes, guys, ok? lol
771 posted on 10/24/2003 2:59:40 PM PDT by CindyDawg (All the above is JUST MY OPINION)
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To: honeygrl
Oh leave Laz alone. He's harmless.

Thanks, 'grl. I won't be bullied by some pissed off Canadian who's so angry with the world he piles on every freeper he sees.

772 posted on 10/24/2003 3:00:35 PM PDT by Lazamataz (I am the extended middle finger in the fist of life.)
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To: LanPB01
The fact that OneParticularHarbour did do work for FR network, dissapeared under a cloud, and allegedly came back as Chancy Palpatine is kinda germaine to a thread started by Palpatine about legal issues no?

I am not accusing him of being a communist, a fascist, a vegetarian, or even a Yankees fan. I just want to know that he is being an honest broker here. What are his stakes, biases here. That is all. If you think it's an unfair question, so be it. I think it is absolutely fair and should be addressed.

773 posted on 10/24/2003 3:00:52 PM PDT by dogbyte12
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To: Lazamataz
"You are full of shit. I've never seriously advocated killing people. I write a lot of goof[y] 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."

Well I'll be.
That might've been one of the most spot-on, eloquent & ballsy things I've ever read from you, my *friend*.
Respect hereby granted forevermore.

There.
I said it.

...will miracles never cease. ;^)

774 posted on 10/24/2003 3:00:56 PM PDT by Landru
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To: Jim Robinson
Jim? Jim? Hey bud, double shot straight up. Appreciate it.

Come on dude, it's friday. Damned. Someone kick the f#$%^#(@# jukebox.

Hmm, Any requests? Let's see, how bout a little of

Toby Keith's Beer for my Horses.

Yeah that's the ticket.

PEANUTS !!!!!!!!!!!

775 posted on 10/24/2003 3:00:58 PM PDT by Area51 (RINO hunter!)
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To: Robert A. Cook, PE
Just who in Florida is verrrrrrrrrrrrrrrry angry at some Freepers later?

Why go so far to starve her when her parents are more than willing to take her? I don't get it.

776 posted on 10/24/2003 3:02:04 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: lugsoul
Okay, I stand corrected and admit the error. However, the judge PERMITTED it and would not allow anyone to stop it - until the legislature took action that is.

Are you a moral relativist or not? Yes or no.

777 posted on 10/24/2003 3:02:20 PM PDT by exmarine
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To: Chancellor Palpatine
The post I was making gets to both liability and damages - people spreading wild statements on the internet as fact without checking them out or having firsthand knowlege, 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.

I can't tell from your statement, so I'll ask you. My best estimate from reading all or most of the Terri threads in the past few weeks is that perhaps 20-50 FReepers were actually making phone calls or sending emails to legislators. Are you implying that they caused the legislature to pass Terri's bill?

Did you happen to hear Terri's mom, dad, brother and sister all being interviewed together on the Glenn Beck show the day after Terri's Bill passed? If not, you may not have heard them say that the Governor's office received approx 150,000 phoned/faxed/emailed petitions from Mr. Beck's listeners.

I read a thread here yesterday with a cut and paste from Christian Politics.com who claimed that over 60,000 petitions were sent from their website. Did you happen to see that one?

Depending on your perspective, I'd say the power of FR to influence the FL legislature was either much less than you hope, or much less than you fear.

778 posted on 10/24/2003 3:02:43 PM PDT by lonevoice
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To: Rebelbase; Fred Mertz
A quick look at TOS shows your post is giving them erections.

OH NO!! Say it isn't so!

779 posted on 10/24/2003 3:03:37 PM PDT by Neets (<---posting as chopped liver yet again.)
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To: dogbyte12
I don't know who this "OneParticularHarbour" is, or why he left under a cloud. Nor do I know why anyone thinks Palpatine is said man, or why that's relevant. All I know is - this is the most entertaning thread ever!
780 posted on 10/24/2003 3:03:45 PM PDT by LanPB01
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