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)
I have direct reason to suspect Palpatine has been researching this issue in order to persecute certain former and current FReepers who have exposed his history in the past.
After doing such research for his own personal purposes and getting his agenda slapped down in Schiavo's case on these threads as well as in fact by the will of the people expressed by the actions of the Florida legislature, something lawyers simply cannot abide, he might have contacted Schiavo's legal team with his findings.
I find this offensive and intimidating as I don't have all day to read every thread and I always thought that the code of ethics were incorporated by you and your staff.
I apologize for any untoward statement I may have made (all in jest, I assure you) and respectfully request that this thread be given the timely burial which it has surely earned.
Oh? When was that? I must've missed it.
Banks always have first lien. If you have no equity, they cannot touch your home, your car, etc.
Well, there are the death threats and threats to kidnap Terri. I'm sure they've gotten the attention of the authorities--at least I noticed heavy security surrounding the ambulance when Terri was moved to and from the hospital.
I second that motion. I think this thread was a rather transparent attempt to stifle the debate on Michael Shiavo's possible conflicts of interest in the case - which is central to the entire debate.
And this is different from the Kobe threads in what way?
Thousands...Plaintiffs...Won...Even Opinion...
Ring a bell, all mouth?
You picked an argument out of your ass and that's why it smelled.
What a boring mindless fraud you are.
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