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Common Law Elements of Defamation: Slander, Libel, and Defamacast

Common Law Elements of Defamation: Slander, Libel, and Defamacast. Elements of Defamation: Major Cases. Calder v. Jones 465 U.S. 783 (1984) Hustler Magazine v. Falwell 485 U.S. 46 (1988). Philosophy of Libel Law. 1. Protects individual’s reputation, because defamation may:

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Common Law Elements of Defamation: Slander, Libel, and Defamacast

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  1. Common Law Elements of Defamation: Slander, Libel, and Defamacast

  2. Elements of Defamation: Major Cases Calder v. Jones 465 U.S. 783 (1984) Hustler Magazine v. Falwell 485 U.S. 46 (1988)

  3. Philosophy of Libel Law 1. Protects individual’s reputation, because defamation may: a. Interfere with existing relationships b. Interfere with future relationships c. Destroy a favorable public image d. Create a negative public image where none existed 2. Compensates for economic and emotional injury 3. Promotes human dignity (civilized forum to settle disputes) 4. Acts a deterrent on publication of false and injurious speech by the awarding of damages

  4. Defamation Slander Libel Defamacast Criminal Civil Libel Per Se Libel Per Quod Actual Damages Special Damages Punitive Damages

  5. The Libel Action • Publication of a false and defamatory statement • Publication was not privileged and was made with fault • Publication caused actual injury Actual malice v. Common law malice

  6. Common Law Elements of Libel • Publication • Identification • Defamation • Jurisdiction • Timeliness

  7. Categories of Defamatory Words: Libel Per Se • Impute to another a loathsome disease • Accuse another of serious sexual misconduct • Impugn another’s honesty or integrity • Accuse another of committing a crime, being arrested or indicted • Allege racial, ethnic or religious bigotry • Impugn another’s financial health or credit-worthiness • Accuse another of associating with criminals or others of unsavory character • Assert incompetence or lack of ability in one’s trade, business, profession, or office

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