1. 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

2. 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

3. 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