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)

And therein lies the source of much confusion, controversy and antifreeper conspiracy theory.

There are several things that some people choose to ignore. One is the simple fact of life that time marches on. Dates matter. Another fact of life is that there is usually a big difference between what is proposed and planned and what actually gets implemented over TIME.

Changes get made. People come and go. People join in and later drop out. At one time, a long long time ago, there were proposals made, plans made, and even a beginning made to forming three non-profit corporations built around the ideas of Free Republic.

Over TIME, MOST of these ideas, proposals, plans and even the work actually in progress on implementing these ideas, proposals and plans were dropped.

The only planned entity that ended up getting implemented was the Free Republic Network, and long before it was implemented many of the original people involved with the planning dropped out. Including me.

I dropped the idea of ever completing the proposed and planned reorganization of Free Republic forum into a non-profit. Decided I did not want to be ruled by the IRS and the FEC any more than I already am.

Also, we ended up dropping the idea of the Free Republic Institute altogether.

Bob Johnson continued on with the idea of the Free Republic Network. He gathered a group of interested parties and they togther produced their business and organizational plans and eventually successfully organized their non-profit corporation. I am not a part of it.

I'm not an owner, a shareholder, an officer, a director, an employee, an agent, a representive... nothing. And the same applies to Free Republic, LLC. We are completely separate entities.

Do we share many of the same major goals? Yes. Do we often work together on the same or similar projects and events? Yes. Do we sometimes share space at some events? Yes. Are some of our members also members of FRN? Yes. Do we often promote each other's efforts? Yes. Does the same thing apply to other organizations? Yes.

FR and FRN have relationships with many other conservative organizations and we help and promote each other's events and projects as much as we possibly can. It's called being particpating members of the conservative grassroots movement and the vast right-wing conspiracy.

And are we ALL separate entities? Again, yes.

And do people and plans change over time? YES! YES! YES!

Believe it or not, what was true yesterday, may not be true today. And what's true today, may not be true tomorrow. People come and go. Plans, proposals, events, contracts, associations, relationships, deals, opinions, alliances, even facts thought to be real at the time, change over TIME!

LOL! I can see and hear the congressional investigations coming:

Are you now or have you ever been a member of the vast right-wing conspiracy?? What did your leaders know and when did they know it??

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