3473078
Common Law Defamation
- Does the statement at issue involve a
matter of public concern? (Assume that
all statements about public figures
involve matters of public concern
- Yes
- Go to Constitutional
Defamation Chart
- Go to Constitutional
Defamation Chart
- No
- Is the Statement by Defendant: Defamatory
(i.e., does it tend to adversely affect a
person's reputation)? "of or concerning" the
Plaintiff (in the view of a reasonable listener
or reader)? and "published" (i.e. has it been
intentionally or negligently communicated
to a third person?
- No
- No Liability for Defamation
- No Liability for Defamation
- Yes
- Is the Statement
- Libel or Slander Per Se
- Damages are presumed;
defendant is liable for
defamation
- Damages are presumed;
defendant is liable for
defamation
- Slander not within per se categories
- If plaintiff shows special (i.e.
pecuniary) damages,
defendant is liable for
defamation
- If plaintiff shows special (i.e.
pecuniary) damages,
defendant is liable for
defamation
- Libel or Slander Per Se
- Is the Statement
- No
- Is the Statement by Defendant: Defamatory
(i.e., does it tend to adversely affect a
person's reputation)? "of or concerning" the
Plaintiff (in the view of a reasonable listener
or reader)? and "published" (i.e. has it been
intentionally or negligently communicated
to a third person?
- Yes
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