Logo
Pattern

Discover published sets by community

Explore tens of thousands of sets crafted by our community.

Defamation Law Basics

20

Flashcards

0/20

Still learning
StarStarStarStar

Actual Malice

StarStarStarStar

Actual malice is a legal standard applied to defamation cases involving public figures, where the plaintiff must prove the defendant knew the statement was false or acted with reckless disregard for the truth.

StarStarStarStar

Single Publication Rule

StarStarStarStar

The single publication rule is a legal doctrine that treats the circulation of a libelous statement in multiple copies as one single publication, limiting the number of lawsuits to one.

StarStarStarStar

Fair Comment

StarStarStarStar

Fair comment is a defense in defamation actions asserting that the statements in question were non-malicious comments on matters of public interest.

StarStarStarStar

Publication of Private Facts

StarStarStarStar

Publication of private facts is the public disclosure of information that is not of public concern and the publication of which would be offensive to a reasonable person.

StarStarStarStar

Qualified Privilege

StarStarStarStar

Qualified privilege allows a person to make statements that may be defamatory without being held liable if made in good faith and with an appropriate level of interest or duty.

StarStarStarStar

Defamation per quod

StarStarStarStar

Defamation per quod requires the plaintiff to prove the defamatory nature of the statement and usually show how the defamation caused damage.

StarStarStarStar

Trade Libel

StarStarStarStar

Trade libel is the publication of a false statement that disparages a business product or service and results in monetary loss.

StarStarStarStar

Defamation

StarStarStarStar

Defamation is a statement that injures a third party's reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements).

StarStarStarStar

Libel

StarStarStarStar

Libel refers to defamatory statements that are made in a fixed medium, typically written but also presented in pictures, signs, or electronic broadcasts.

StarStarStarStar

Slander

StarStarStarStar

Slander involves defamatory statements that are spoken and not fixed in a permanent form.

StarStarStarStar

Innocent Dissemination

StarStarStarStar

Innocent dissemination is a defense in defamation cases where a party, without knowing the content was defamatory, distributes it. Examples include vendors of books or newspapers.

StarStarStarStar

Retraction

StarStarStarStar

A retraction is a statement that clarifies or corrects previously issued information, which can mitigate damages in a defamation lawsuit if done promptly and adequately.

StarStarStarStar

Absolute Privilege

StarStarStarStar

Absolute privilege is an immunity from defamation suits, granted in certain situations where public policy favors complete freedom of speech, such as during legislative sessions.

StarStarStarStar

Seditious Libel

StarStarStarStar

Seditious libel is a defamatory statement against the government or its officials, historically used to punish political dissent. Modernly, this is rare due to free speech protections.

StarStarStarStar

Section 230 of the Communications Decency Act

StarStarStarStar

Section 230 provides immunity to online intermediaries (like Internet Service Providers and social media platforms) from liability for content posted by their users.

StarStarStarStar

Malicious Falsehood

StarStarStarStar

Malicious falsehood is making a false statement knowingly without legal justification, with the intent to cause damage to another person's business, professional reputation, or economic interests.

StarStarStarStar

Negligence

StarStarStarStar

In defamation law, negligence refers to the failure to exercise reasonable care to avoid making false or defamatory statements about someone else.

StarStarStarStar

New York Times Co. v. Sullivan

StarStarStarStar

This is a landmark 1964 Supreme Court case that established the 'actual malice' standard for press reports about public officials or public figures to be considered defamatory or libelous.

StarStarStarStar

Defamation per se

StarStarStarStar

Defamation per se are statements that are presumed to be harmful to someone’s reputation without the need for further proof, such as allegations of criminal behavior or a statement harmful to someone’s business.

StarStarStarStar

Privileged Statements

StarStarStarStar

Privileged statements are those that the law protects from defamation claims, including those made during legislative and judicial proceedings, and certain government statements.

Know
0
Still learning
Click to flip
Know
0
Logo

© Hypatia.Tech. 2024 All rights reserved.