Lecture Notes 2-28-11

Lecture Notes 2-28-11 - LEB 320F Lecture o Defamation:...

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LEB 320F Lecture 2/28/11 Defamation : injuring someone’s reputation by spreading a falsehood o 5 Elements: 1) Statement is made as fact (not an opinion) 2) Defamatory in nature it is something that lowers esteem in the eyes of the community 3) Statement is false At common law, traditionally, the burden to prove this element was on the defendant, the defendant had to prove truthfulness of the statement Shift in burden to where the plaintiff bears this burden for 3 types of people/groups: o If the plaintiff is in one of these 3 groups, the plaintiff bears the burden of proving falsehood 1) public official (government official) 2) public figure (someone famous, aka Lady Gaga, Kobe Bryant, etc) 3) limited public figure (a public figure for a small amount of time, ex: someone involved in a scandal having their 15 minutes of fame) What those 3 types of people/groups have to prove: o They have to prove a showing of malice. Meaning they have to show that the defendant: (a) knew it was false, and said it anyway OR (b) made the statement with reckless disregard of whether it was false or true (ex:
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Lecture Notes 2-28-11 - LEB 320F Lecture o Defamation:...

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