Basic Overview of Libel

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Presentation transcript:

Basic Overview of Libel Libel does not equal liable Criminal v. civil libel Libel per se (presumed to be libelous)--accusations of criminality, disease, sexual immorality, attacks in a trade Libel per quod (must be proven to be libelous because of context) Chaplinsky v. NH (1942)--no Constitutional right to utter libelous statements

Basic Elements of a Libel Case It must be perceived as harmful by a “right thinking” person. It must be communicated to a third party The plaintiff must be identifiable as a person who is the object of the libel Degree of fault--e.g. negligence, actual malice, reckless disregard of the truth

Elements of Libel Litigation Defenses to libel--truth, previously tarnished reputation, missing element, privileged communication (absolute and qualified) Damages Specific or special damages General damages Punitive damages