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exam2studyguide1 - Exam 2-Study Guide 1 Defamation Sue Must...

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Exam 2-Study Guide 1: Defamation Sue Must be living, but in some states, the estate can continue the action if plaintiff dies after filed Commercial plaintiffs are restricted in recovering damages The government cannot recover, specific individuals can Defamation False statement of face o Contained statements of fact (not opinion) o Substantially false when published o Judge determines if it can be proven or not o Jury decides if it is false o Plaintiff has burden of proof; constitutionally required if is a public official or public figure (actual malice is also required for these people); alleged defamation involves matter of public concern o Some states shift burden of proof to defendant in private figure/matter cases to prove the truth Identification o Must be “of and concerning” the plaintiff; must be called out of the crowd o People must understand who it was meant to refer to if not specifically named o Judge-matter of law? o Jury-Trier of fact/matter of fact? o Fictionalization o Bryson v. News America Publications, Inc. Story printed in Seventeen magazine and Bryson was referred to as a slut; Ill. Supreme Court ruled in favor of Bryson b/c she was clearly identified o Group libel—person within a group can recover, but dependant upon other factors (i.e. size of group, which is about 15-25, and nature of statement,
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