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Libel
A false, defamatory statement that is published or
broadcast.
Defamation -- A statement that tends to blacken a
person’s or corporation’s reputation or to expose them to public hatred,
contempt, or ridicule, or to injure an individual in his or her business or profession.
Most Sensitive Categories of Defamation
1. Impute to another a loathsome disease.
2. Accuse another of serious sexual misconduct.
3. Impugn another’s honesty or integrity.
4. Accuse another of committing a crime, or of being
arrested or indicted.
Most Sensitive Categories of Defamation
5. Allege racial, ethnic or religious bigotry.
6. Impugn another’s financial health or
credit-worthiness.
7. Accuse another of associating with criminals.
8. Assert incompetence or lack of ability in one’s
trade, business, profession or office.
Who Can be a Plaintiff?
Living persons
Dead cannot be libeled
Some people are libel-proof
Organizations
Businesses and corporations
Churches, labor unions, etc.
Agricultural trade groups
Government employees
But not government itself.
What Plaintiff Must Prove
Falsity
Identification
Not always by name
Publication
One reader other than author or writer is enough
Defamatory Meaning
What Plaintiffs Must Prove
Fault
Negligence for private plaintiffs
Actual malice for public officials and public figures
Harm or injury
Types of Damages
Presumed
Compensatory
Actual
Special
Punitive
Libel Defenses
Truth
Substantial Truth
Absolute Privilege
Consent
Government officials
Political candidate broadcasts
Libel Defenses
Qualified privileges
Reporter’s privilege
Neutral Reportage
Statute of Limitations
Libel-Proof Plaintiff
Constitutional Privilege
New York Times v. Sullivan (1964)
constitutionalized libel law in the U.S.
eliminated strict liability in libel cases.
required that public officials prove "actual
malice" in order to recover damages for defamation.
Constitutional Privilege
Actual Malice
knowledge that the information was false, or
reckless disregard of whether the report was false or
not.
Constitutional Privilege
Reckless Disregard means:
The statement was made with a high degree of probable
falsity, or
The communicator entertained serious doubts about the
truth of the publication.
Constitutional Privilege
Who is a public official for purposes of libel?
Government office holder
Present
Former
Elected
Appointed
Those who have substantial control over the conduct of
government affairs.
Constitutional Privilege
New York Times actual malice rule extended to
public figures:
Curtis Publishing Co. v. Butts
AP v. Walker
Constitutional Privilege
Gertz v. Welch (1974)
Court does not extend actual malice to private persons.
States may do so.
Ends strict liability for libel of private persons.
Constitutional Privilege
Gertz v. Welch
Three types of public figures:
1. Involuntary
2. All-purpose
3. Limited-purpose
Constitutional Privilege
Why Courts Make Distinctions:
Public figures have greater access to the media.
Public figures assume the risk of injury from
falsehoods.
State has a legitimate interest in compensating private
individuals for damage to reputations.
"It’s Just My Opinion!"
Exaggeration and figurative terms
Opinion based on fact
Totality of circumstances
Meaning and usage of words
Verifiability
Social context
Linguistic context
Format
Staying Out of Court
Ways to mitigate (lessen) damages in a libel suit
Retraction
Correction/Clarification
Reliance on a usually reliable source
© A.L. Fargo 2001
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