DEFAMATION -- LIBEL AND SLANDER [Florida Law - FReepers Heed]

Florida Bar Association ^

[Chancellor Palpatine]

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)

[Area51]

This same attention to detail has brought you to your flawed conclusions in the Schiavo case.


358 posted on 10/24/2003 12:40 PM PDT by RGSpincich
[ Post Reply | Private Reply | To 335 | View Replies | Report Abuse ]

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Perhaps you will direct me to the folder where all those Old OPH posts were placed so we can verify it ourselves.

Thank you very much!

And just so there is not confusion, this is not to verify Jim's word, but rather that of a blowhard Lawyer.

[Poohbah]

When you are being hunted, it is not a good idea to paint a bullseye on your back.

[Lurker]

Mr. Schiavo is a scumbag adulterer who is trying to commit an act of murder under color of law for his own personal gain.

There. Sue me a**hole.

L

[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...

Heh.... I keep a suit in my office closet, just in case....

Careful, though, a particular poster on this thread won't accept anything you say as truthful unless it's sworn on a King James Bible.

[Pan_Yans Wife]

Early this morning, as soon as I saw that the ACLU had joined forces with Schiavo, I began to wonder how far they would go.

I don't know if I have or have not said anything that would be regarded as slander of libel. But, I do know that there is nothing I can do about it, at this point. It's too late.

[exmarine]

Like many other threads on this forum, this thread is really about the battle between the secular humanist and judeo-Christian worldviews. Secular humanists do not believe in God, therefore believe in evolution, therefore believe that all reality can be reduced to material forces, and that all religion is just superstitious nonsense. It is the antithesis of Christianity which believes in God, special creation, that all human beings are created in God's image and have intrinsic worth, that the right to life is unalienable. The difference is total and complete.

[Chancellor Palpatine]

It isn't so much that they pinted bullseyes on their backs, its that they put on their fawn colored coveralls and lucky antler hats, all after camoing up their faces.

And its the opening day of deer season.

[bonfire]

Why are his old posts gone?

[Jrabbit]

Could you show an example of a post that a poster made that would cause that poster to be sued?

[Poohbah]

Self-search in "Full Post" mode, keep clicking "Older Posts," and ask for posts that cross the line to get ZOTted.

[honeygrl]

woo.. I've heard about the evolution/creationism threads.. is this going to turn into one of those? *getting out popcorn*

[Poohbah]

They also painted their butts white...

[Pan_Yans Wife]

Wouldn't the pulled posts also be used as evidence?

[exmarine]

Early this morning, as soon as I saw that the ACLU had joined forces with Schiavo,

The ACLU is the enemy of every freedom loving American. Christians UNITE!!!

[RGSpincich]

I'm pretty sure the answer is clear on which poster or former poster here has done legal work for FR. Hint:Muddle through the false accusations and then seek Clarity.

[Bikers4Bush]

Hint my butt, that's an easy one.

[concerned about politics]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Opinions are not liable. They're stated as opinions, not facts. The bottom of this page has a disclaimer, and it states clearly all posts are opinions. There's no such thing in America as a thought police.

[Poohbah]

Hmm. I am a Catholic Christian who believes that God, in His infinite wisdom, saw fit to take billions of years to create Man in His image (He is, after all, infinitely patient). Some may call that process of creation "evolution," but I don't. What does that make me?

[Chancellor Palpatine]

Sorta doing that long stride thing, too, all while furtively ducking behind trees and brush.

Occasionally stopping to look around alertly.

[Pan_Yans Wife]

To: ckca

He has never done any legal work for me or Free Republic.


343 posted on 10/24/2003 3:35 PM EDT by Jim Robinson (Conservative by nature... Republican by spirit... Patriot by heart... AND... ANTI-Liberal by GOD!)