Posted on 10/24/2003 11:50:45 AM PDT by NeoCaveman
DEFAMATION -- LIBEL AND SLANDER [Florida Law - FReepers Heed] Florida Bar Association ^
Posted on 10/24/2003 1:14 PM EDT by 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.
If you believe you need legal advice, call your attorney. If you do not have an attorney, call The Florida Bar Lawyer Referral Service at 1-800-342-8011, or the local lawyer referral service or legal aid office listed in the yellow pages of your telephone book.
(updated 12/01)
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Take heed folks - hiding behind screennames will not defeat a Federal subpoena.
1 posted on 10/24/2003 1:14 PM EDT by Chancellor Palpatine
I didn't insult you. I merely asked you a question that can be answered with a yes/no answer.
Example of this?
Sort of a way of saying, "Vee are making a list!" I think it's harassment and stalking.
Or a way of marking the thread.
We do have to think about slander and libel law. Jim removes some material that is obviously slanderous.
I wish the poster of that thread had offered his comments at a more dispassionate time though.
I have not followed the Michael Schiavo case at all, so he may very well be a private person. If he were to eventually write a book on the subject of his wife, he would then, at that point, become a public person for the purposes of defamation.
It seems rather clear that he is not the one who initiated all the publicity in this case and because of that, others and the media cannot convert him into a public figure against his desire or will merely by publicizing the case. To be able to do so would virtualy emasculate defamation law, especially in cases against the media but private persons.
The first thread wasn't a circus, it was a thinly veiled threat by Chancellor Palpatine meant to chill the first amendment here at FR.
It's the way lefties do things. If they can't win on the facts or the law, they threaten the heavy hand of the courts and let slip the dogs of judicial activism.
I think this slander and libel threat may be a big campaign that stems from the demonic couple themselves, or perhaps the DNC? :}
I have to go look for my tin foil hat now.. I think I left it outside.
But that would have defeated the entire purpose for the post. Perhaps a more apt time would have been the 2000 election when defamation was the norm.
In any event, no one could possibly claim that the reporting of his legal situation has not been a fair reporting of the facts, so whether he is a public or private person is not relevant in this case.
What can be said on forums is an interesting subject that isn't very clear at all though I believe we have a lot of leeway.
I am not familiar with what Gonzo said, I have only seen veiled remarks about what this person posted, so I can not comment on that .
I don't see how what has happened over the last week and half would yeild a general threat to the entire forum that we need to take heed for libel and slander for discussing a case ,and our feelings about that case.
If those are the new rules, then Jim had better just pull the plug. No amtter what the topic here there are some who wish to contol the deabte by any means necessary. Empty threats is one way a weak minded person can do so. I support Jim, and anything he want sot pull is oaky with me. It is his site and I don't need an explantion , but I don't think he pulls posts on the basis of libel or slander.
This is not true. They can. But it is very difficult for them to win under the law.
I have represented public figures in a defamation suit and its a terribly high standard to prove.
Glad I could help.
Me too.
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