Civil Defamation (or, libel and slander)

• What is the motivation of people who file lawsuits? To gain $-? To punish-? To gain attention-?
• Mindsets of jurors in re: corporate America (punish "big corporations")

-- Any communication which is seen as fact and exposes a person to hatred, ridicule or contempt, lowers him/her in esteem of other people, causes him/her to be shunned, or injures him/her in business or calling.

-- Any communication which holds a person up to contempt, hatred, ridicule, or scorn.

Slander: Spoken words

Product defamation or trade libel:

Defamatory statements (oral or written) about products

(chiefly agricultural commodities -

but can be expanded to include other goods)

*Defamatory comments have to be believable. Obvious satire is not defamatory.

(Regardless of whether mentioned by name.)

2. Material is defamatory.

3. Injury was caused to the plaintiff.

4. Material is false.

5. Defendant is at fault.

Proof of Fault in Defamation Cases -- Important Issues

• Public Figures vs. Private Citizens

Those who "thrust themselves into the public spotlight" should not expect the same level of legal protection as those who are private citizens

• The nature of the controversy
• The extent of fault
• Negligence
• Malice
• Reckless disregard for the truth

Truth; Legal Privilege; Opinion or Rhetorical Hyperbole; Fair Comment

Consent; Right of Reply; Actual Damages; Punitive Damages; Retraction/ Apology