Defamation and Criminal Libel JOUR3060 Communication Law & Regulation

DEFAMATION  Defamation is 1) a defamatory statement or utterance, 2) of and concerning the plaintiff, that has been 3) published to a third party, and results in 4) damages

DEFAMATION  1) a defamatory statement or utterance  Slander  Libel  Criminal  Civil

DEFAMATION  2) of and concerning plaintiff

DEFAMATION  3) published to a third party

DEFAMATION  4) damages

DEFAMATION  Who is liable?  1)  2)  3)  What is the Burden of Proof?  Must prove: 1) 2)  Public Persons:  Private Persons / Public Matter:

DEFAMATION  What are the defenses to defamation?  1)  2) Absolute Privilege  A.  B.  C.  3) Qualified Privilege  A.  B.  C.  D.  E.

DEFAMATION  CRIMINAL Libel  - how take action  - standard of proof  - punishment  CIVIL Libel  - how take action  - standard of proof  - punishment

CRIMINAL LIBEL  Beauharnais vs. Illinois (1952)  New York Times vs. Sullivan (1964)  Garrison vs. Louisiana (1964)  Brandenburg vs. Ohio (1969)  Imminent Lawless Action Test  1)  2)  3)

Klobuchar & Kagan Discuss New York Times v. Sullivan

CRIMINAL LIBEL IN GEORGIA  Williamson vs. State (of Georgia) (1982)  GA. Code Criminal defamation: (a) A person commits the offense of criminal defamation when, without a privilege to do so and with intent to defame another, living or dead, he communicates false matter which tends to blacken the memory of one who is dead or which exposes one who is alive to hatred, contempt, or ridicule, and which tends to provoke a breach of the peace. (b) A person who violates subsection (a) of this Code section is guilty of a misdemeanor.