torts - speech related torts.txt

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Author:
Anonymous
ID:
226985
Filename:
torts - speech related torts.txt
Updated:
2013-07-13 18:58:11
Tags:
ca bar speech privacy torts
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ca bar speech privacy torts
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  1. Defamation
    • To establish a prima facie case for defamation, plaintiff must prove D made a:
    • 1) defamatory statement
    • 2) of or concerning the plaintiff
    • 3) publication to a third person
    • 4) damage to plaintiff's reputation
  2. What is defamatory language?
    language that tends to adversely affect one's reputation
  3. Damage to Plaintiff's reputation - presumed damages?
    • 1. Libel: presumed damages
    • (defamation permanently memorialized in a fixed format)
    • 2. Slander: presumed, if slander per se, otherwise must prove damages.
    • (oral/spoken defamation)
  4. Slander per se
    • 1. re P's business
    • 2. P has committed a crime of moral turpitude
    • 3. imputing a chaste woman
    • 4. P suffers from veneral disease or leprosy
  5. Defamation re: public stuff, additional elements?
    • When defamation refers to a public figure or a matter of legitimate public concern, a plaintiff must prove two additional elements:
    • 1) falsity of defamatory statement
    • 2) fault by defendant (fault = malice for public figures, fault = negligence for private figures)
    • malice = knowledge it was false, or reckless disregard of its truth
  6. What is a public figure?
    Someone who has acheived pervasive fame or notoriety, or someone who voluntarily assumed a central role in a particular controversy.
  7. Invasion of Privacy by False light
    • D invaded P's privacy by publishing facts that placed him in a false light.
    • To prevail, P must prove:
    • 1) publication of facts that put P in a false light in the public eye,
    • 2) false light is highly offensive to a reasonable person
    • 3) malice if public figure, negligence if private figure

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