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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: exmarine; Catspaw
I don't sue people, I just dismantile them with logic.

Let me know if you ever do that.

421 posted on 10/24/2003 1:01:47 PM PDT by Poohbah ("Would you mind not shooting at the thermonuclear weapons?" -- Major Vic Deakins, USAF)
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To: Chancellor Palpatine
Well, have you forwarded statements made by individuals on this forum to Felos, Schiavo, the ACLU, or any other parties that might be interested in suing the individuals?
422 posted on 10/24/2003 1:02:04 PM PDT by honeygrl
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To: Bikers4Bush
Turn the evidence over to L.E., but I doubt you have a smoking gun.
423 posted on 10/24/2003 1:02:54 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: honeygrl
No, I haven't.
424 posted on 10/24/2003 1:02:58 PM PDT by Chancellor Palpatine
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To: IncPen
I'm curious, Jim, if by moderating the boards you're an 'active publisher' (ie. a newspaper) as opposed to a 'passive publisher' (ie. an ISP), and thus more likely to be held responsible (for things that are libelous but for one reason or another are not removed)?

In the "early" days of the Internet, chat rooms, bulletin boards, etc courts definitely considered whether the person, etc responsible for the site engaged in editing, removing posts & so on. If they did, they were more likely to be held liable re: this issue of defamation, etc.

However, I have not researched the issue for a few years & I'm sure there have been many more courts & cases to have examined this point.

425 posted on 10/24/2003 1:03:25 PM PDT by gdani
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To: Chancellor Palpatine
Nor would you need to.
426 posted on 10/24/2003 1:03:52 PM PDT by Poohbah ("Would you mind not shooting at the thermonuclear weapons?" -- Major Vic Deakins, USAF)
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To: Poohbah
I thought he did work for freerepublic too
427 posted on 10/24/2003 1:03:52 PM PDT by ruoflaw
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To: honeygrl
Well, have you forwarded statements made by individuals on this forum to Felos, Schiavo, the ACLU, or any other parties that might be interested in suing the individuals?

Are we taking depositions now? What is he going to swear on to make this official? :-)

428 posted on 10/24/2003 1:03:52 PM PDT by Modernman ("I'm just a simple man, trying to make my way in the universe."- Jango Fett)
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To: Pan_Yans Wife
Too difficult and costly to prove.

Say screen name "John Doe" was subpoened for comments he made on FreeRepublic. There is no proof that he did or did not type the words. Nobody can prove. John Doe can say he left his computer on, and he had nine people in his house.

Good luck with that one. They can threaten all they want, but if the RIAA can't make anti-piracy stick, some local ACLU unit isn't going to bother with this. No smart attorney would touch it with a ten foot pole.
429 posted on 10/24/2003 1:04:17 PM PDT by mabelkitty
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To: Modernman
Don't tell me I have to dress up for this, too. Its a golf shirt day, and even though I keep an extra tie around the office for emergencies, that would look stupid....
430 posted on 10/24/2003 1:06:01 PM PDT by Chancellor Palpatine
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To: dubyaismypresident
No. Nor do I see it listed as breaking.
431 posted on 10/24/2003 1:06:19 PM PDT by Lead Moderator
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To: Poohbah
To: exmarine; Catspaw

I don't sue people, I just dismantile them with logic.

Let me know if you ever do that.

421 posted on 10/24/2003 1:01 PM PDT by Poohbah -----------------------------------------------------------

ROFLOL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

432 posted on 10/24/2003 1:09:51 PM PDT by onyx
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To: ckca
I was responding to another freeper, forgot who, that asked why we/I was assume this post was in reference to the Michael Schiavo case. If the Chancelor's post is in reference to something else, I didn't know.

But my reason for my assumption is here

433 posted on 10/24/2003 1:09:52 PM PDT by Calpernia (Innocence seldom utters outraged shrieks. Guilt does.)
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To: Modernman
lol, i just wanted to know. He seems too into this lawsuit thing.
434 posted on 10/24/2003 1:09:52 PM PDT by honeygrl
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To: Calpernia
Thanks...MUD
435 posted on 10/24/2003 1:09:52 PM PDT by Mudboy Slim (RE-IMPEACH Osama bil Clinton!!)
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To: HighWheeler
...it is up to him to prove he is not a blowhard in his eventual Internet lawsuit.

A random sample of any 10 of his mewlings would have the jury at his throat in seconds just on the grounds of reckless indifference to good taste and manners.

'course, I could be charged with egregious elucidation of the obvious.

436 posted on 10/24/2003 1:09:53 PM PDT by harrowup (So perfect I'm naturally humble)
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To: mabelkitty; Chancellor Palpatine
Say screen name "John Doe" was subpoened for comments he made on FreeRepublic. There is no proof that he did or did not type the words. Nobody can prove. John Doe can say he left his computer on, and he had nine people in his house.

At which point, the case against John Doe for defamation will end, and a new case against John Doe for tortuously gross negligence will begin--and John Doe's testimony will be the sole exhibit needed to get a verdict against him.

437 posted on 10/24/2003 1:09:58 PM PDT by Poohbah ("Would you mind not shooting at the thermonuclear weapons?" -- Major Vic Deakins, USAF)
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To: HighWheeler
...it is up to him to prove he is not a blowhard in his eventual Internet lawsuit.

A random sample of any 10 of his mewlings would have the jury at his throat in seconds just on the grounds of reckless indifference to good taste and manners.

'course, I could be charged with egregious elucidation of the obvious.

438 posted on 10/24/2003 1:10:19 PM PDT by harrowup (So perfect I'm naturally humble)
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To: All
I couldn't read all 415 posts of this, just a few pages... but I'd love to be sued for defamation in the Schiavo case. Not only do I believe I'd get a dozen good lawyers willing to defend me pro-bono (they're not all scum), I would thoroughly enjoy the discovery. It would be the chance to finally expose all the facts in this case to public view.

Qwinn
439 posted on 10/24/2003 1:10:20 PM PDT by Qwinn
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To: mabelkitty
You are missing the point.

It doesn't have to be proven. All that needs to happen is for the ACLU, which has teamed up with Schiavo and Felos, to help them launch mulitple lawsuits against FR and many Freepers all at once.

This legal harassment would cause great harm to the posters, and embroil them in legal battles that would keep them busy for years. A very effective ploy, and as Calpernia has mentioned, she thinks Schiavo's people have started to do this to her.

This will then quiet down the FR supporters of Terri Schiavo. Felos and Schiavo's bone of contention is the fact that the grassroots effort brought in the legislature and governor, they didn't want that to happen.

Keep in mind that the Democratic powers that be have already taken down Bennett and Rush. FR is a legitimate target for them. And I am certain that the Democrats in Florida have not forgotten the 2000 election, and want payback, even if they just achieve it incrimentally. The Democrats would support Felos and Schiavo.
440 posted on 10/24/2003 1:10:20 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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