“Defamatory”=tends to adversely affect the P’s reputation (reputation in sense of ability to earn a living; not mere social reputation).
Mere name-calling (i.e. P is a bastard) generally not defamatory bc does not tend to affect P’s reputation. Doesn’t actually give the listener any reason to doubt P’s reputation.
- Generally want to look for an allegation or representation of fact.
- The big ones: money (stealing, embezzling, cheating on taxes); lack of peaceableness (he killed a man in Reno); impugning P’s loyalty (he’s selling secrets to Iran; he’s not faithful to his church); impugning morality (sexual morality; modesty).
- Statements of opinion. They can be
- defamatory if a reasonable listener would assume factual basis.
of P can be by name, but not necessarily (i.e. can identify by job title, etc).
P must be alive
at time statement is made.