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Defamation in Entertainment

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Opinion Defense

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A legal defense for defamation claims, asserting that the allegedly defamatory statement was a subjective opinion, not an assertion of fact, and thus protected speech.

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Oprah Winfrey v. Texas Cattlemen (1998)

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Oprah Winfrey was sued by Texas cattlemen for making disparaging comments about beef on her show. She won the case under the First Amendment.

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New York Times Co. v. Sullivan (1964)

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The Supreme Court established the 'actual malice' standard for defamation cases involving public officials, enhancing free speech protection under the First Amendment.

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Libel vs. Slander

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Libel refers to defamatory statements made in writing or published, while slander refers to verbal or spoken defamatory statements.

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Trade Libel

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A type of defamation against the goods, services, or business of an individual that causes financial loss or harm to business reputation.

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Anti-SLAPP Statutes

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Laws designed to prevent Strategic Lawsuits Against Public Participation (SLAPPs) by providing a way to dismiss meritless defamation suits aimed at chilling free speech.

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Section 230 of the Communications Decency Act

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A law that provides immunity for online platforms from the content posted by their users, including potential defamatory statements.

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Innocent Dissemination

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A defense in defamation where the distributor of defamatory material is unaware of its content and therefore not liable, typically applicable to intermediaries like booksellers.

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Rhetorical Hyperbole

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A defense in defamation where the language used is so exaggerated that it cannot reasonably be interpreted as stating actual facts about someone.

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Retraction

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The act of formally withdrawing a defamatory statement that can mitigate damages or serve as a defense in a defamation lawsuit.

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Johnny Depp v. Amber Heard (2022)

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Johnny Depp sued Amber Heard for defamation due to an op-ed written by Heard. Depp won, awarded 15million,whileHeardwona15 million, while Heard won a 2 million counterclaim.

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Burden of Proof in Defamation

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The plaintiff carries the burden in a defamation case to prove that the statement was defamatory, false, made negligently or with malice, and caused harm.

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Carol Burnett v. National Enquirer, Inc. (1981)

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Carol Burnett won a defamation lawsuit against the National Enquirer for a false report implying she was drunk in public. The case emphasized the protection of public figures' rights.

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Neutral Reportage Privilege

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A defense that protects news media from defamation liability when they neutrally report newsworthy, defamatory allegations made by a responsible and prominent source.

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Hulk Hogan v. Gawker Media (2016)

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Hulk Hogan won a lawsuit against Gawker Media for publishing a sex tape, with the jury awarding Hogan 140million,leadingtoGawkersbankruptcy.140 million, leading to Gawker's bankruptcy.

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Single Publication Rule

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A legal doctrine that limits defamation claims to one cause of action per publication, rather than allowing multiple suits for each instance of distribution.

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Public Figure Doctrine

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A legal principle that requires public figures to prove actual malice in defamation cases, as opposed to private individuals who need only prove negligence.

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Actual Malice Standard

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Actual malice is the standard set for defamation cases involving public figures where plaintiffs must prove the defendant knowingly lied or exhibited reckless disregard for the truth.

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Fair Report Privilege

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A legal defense that protects journalists from defamation suits when they report fairly and accurately on a public proceeding or official record.

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Defamation Per Se

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A category of defamation that is considered so damaging on its face that the law presumes harm to reputation, without needing proof of damage.

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