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14 Cards in this Set
- Front
- Back
Defamation
- Elements |
1. D must make a defamatory statement (adversely affect reputation, honesty, integrity, virtue, sanity)
2. of and concerning P (reasonable person would understand referred to P) 3. Publication (by D to 3rd person) 4. Damages to P's reputation ($ only for economic loss, not necessary for libel or slander) |
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Defamation: Libel
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Defamation when written (or permanently captured in some form or another- taped, filmed, on computer)
- Don't need to prove damages - P recovers for GENERAL injury to her reputation without offering proof. |
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Defamation: Slander per se
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Spoken defamation, don't need to prove damages
- statement relating to P's business or profession; that P committed a crime of moral turpitude; imputing unchastity to a woman; P suffers from loathsome disease. |
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Defamation Defenses
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1. CONSENT (express or implied, may not be induced by fraud)
2. TRUTH 3. PRIVILEGES (Absolute or Qualified) 4. Matter of Public Concern (2 add'l elements) |
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Defamation Defenses: Privileges
- ABSOLUTE PRIVILEGES |
Arise based on P's status or identity (not actionable)
- Statements between spouses - Gov officers in the conduct of their official duties |
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Defamation Defenses: Privileges
- QUALIFIED PRIVILEGES |
Arise based on context or circumstances that led to speech, when there is a public interest in encouraging candor.
- Letters of recommendation or professional references - Statements made to investigating police officers or govt officers - Can lose them if B had a reasonable belief that the challenged info was accurate BUT if deliberately spreading a lie, then lose the priv. |
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Defamation Defenses:
- Special Case: Matter of Public Concern |
P must prove 2 additional elements:
(First, analyze whether it is a matter of public concern, then prove) 1. Falsity (affirmatively show that the statement is not true) 2. Fault (If P is a public figure, then must show D knew statement was false or had reckless disregard of its truth; If P is a private figure, adequate to show negligence) |
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Public Figure
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Person who has achieved such pervasive fame/notoriety that he becomes a public figure for all purposes or voluntarily assumes central role in a public controversy.
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Invasion of Privacy Torts
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1. APPROPRIATION
2. INTRUSION into P's affairs/seclusion 3. FALSE LIGHT 4. PUBLICATION OF PRIVATE FACT (3 & 4 both require constitutional malice) |
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Appropriation
(privacy tort) |
D's UNauthorized use (need consent) of P's name or image for COMMERCIAL PURPOSES.
- Exception: Newsworthiness |
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Intrusion
(privacy tort) |
D's invasion of P's seclusion/affairs in a way that would be OBJECTIONABLE to the average person (i.e. covert videotaping, wire-tapping, peeping Tom)
- Must be in a place where P has expectation of privacy-- cannot be in a public space |
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False Light
(privacy tort) |
Widespread dissemination/ publication of objectionable facts placing P in a false light in the public eye.
- FL = material falsehood about P that would be OBJECTIONABLE to the average person - No intent or fault requirement (D liable even when have GF belief was accurate. BUT requires MALICE by D when published matter is in public interest) |
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Disclosure of a Private Fact / Public Disclosure
(privacy tort) |
Widespread dissemination/ public disclosure of objectionable private/ confidential facts (truly and genuinely private)
- Newsworthiness exception: health info of public individuals |
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DEFENSES for Invasion of Privacy Torts
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- CONSENT is a defense to all privacy torts.
(Truth is NOT a defense to privacy torts) - Defamation privileges apply to False Light and Disclosure of a Private Fact. |