defamation

• Defamation

• The Law of defamation in Bermuda.

Bermuda is a self-governing overseas dependent territory of the United Kingdom. In Bermuda defamation is actionable both as a civil wrong and as a cri...

• Mondaq Business Briefing
• Nbr. 2010, January 2010

• A Newsworthiness Privilege for Republished Defamation of Public Figures

When the media knowingly republish defamation of public figures, the media are subject to possible libel actions by the defamed parties to the same extent as the original defamingparties, even when the defamatory statements are themselves newsworthy in context. This is the dilemma created by the Supreme Court's decision in New York Times Co. v. Sullivan, in which the Court went to great lengths to protect the media 's ability to report the news-even news that is false-so long as the republication is not done with a reckless disregard for the truth. What, then, should be done about information that is known to be false but is nonetheless necessary to inform public discourse? This Note suggests allowing republication based on the newsworthiness of the defamatory statements, i.e., when it ...

• Iowa Law Review
• Nbr. 94-3, March 2009

• Ariz. Supreme Court Hears Goddard's Plea for Immunity in Defamation Lawsuit

Attorney General Terry Goddard and a land developer addressed the Arizona Supreme Court in a Coolidge high school auditorium on Oct. 2 over the degree of immunity from defamation lawsuits that should be held by the attorney general. Attorneys for Goddard asked the high court to upgrade the current standard of qualified immunity from defamation claims to absolute immunity, which would make him impervious to such lawsuits from citizens.

• Arizona Capitol Times
• October 08, 2007

• Kennedy v. Sheriff of East Baton Rouge: A Hollow Victory for Louisiana Defamation Plaintiffs?

Introduction. II. Background A. Common Law Defamation in Louisiana. B. Constitutional Requirements. C. Limited Holdings and Lingering Uncertainties . III. Analysis . A. Constitutional Protections: The Non-Media Defendant and the End of Strict Liability? 1. Reasons for Adoption of Broad Constitutional Protections. 2. Reasons Against Adoption of Broad Constitutional Protections. B. Adoption of a Uniform Negligence Standard for Private Plaintiffs. 1. Reliance on Gertz Principles. 2. State Interest in Protection of Private Individual Reputation . C. Affirming a Stronger Qualified Privilege: Remnants of the New York Times Standard. 1. Historical Basis for Qualified Privilege. 2. Trentecosta and the Knowing Falsity/Reckless Disregard Standard. 3. A Hollow Victory for Defamation Plaintiffs? ...

• Louisiana Law Review
• Nbr. 68-1, October 2007

• An Overview Of Business Defamation.

Traditionally, a reputation carefully fostered over decades could be lost in minutes through a defamatory comment. The Internet accelerates this destr...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• St. Defamation

The Internet isn't written in pencil, Mark. It's written in ink. So says Facebook creator Mark Zuckerberg's ex-girlfriend to him after he slams her on his blog in the movie "The Social Network."

• Missouri Lawyers Media
• May 11, 2011

• Who Does the First Amendment Protect?: Why the Plaintiff Should Bear the Burden of Proof in Any Defamation Action

Proving falsity and proving fault are related burdenswhen the plaintiff is required under the First Amendment to prove fault (actual malice or negligence), the plaintiff must also prove falsity.20 When the plaintiff is not required to prove fault-that is, when the defendant is strictly liable under the common law-the falsity of the statement is presumed, and the defendant must prove truth as an affirmative defense.21 In 1985, the U.S. Supreme Court indicated that the states could return to their own common-law rules in defamation suits between private individuals involving private issues.22 Texas courts, for example, went back to the common-law rule that presumed falsity once the plaintiff proved the defendant made a defamatory statement.23 The presumption of falsity applies today in su...

• Review of Litigation, The
• Vol. 26 Nbr. 3, July 2007

• Developments In Internet Law: Defamation And Hyperlinks.

The Supreme Court of Canada has advanced both defamation law and Internet law in its recent decision in Crookes v Newton,1 released on October 19, 201...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• Commentary: Defamation Costs

If you didn't dig deep into Friday's print edition or weren't able to scale our website's subscriber wall, you might've missed pretty big news in the local legal and media world yesterday: a $350,000 defamation verdict against the Baltimore City Paper. Briefly, the story is that a federal court jury found Van Smith, a veteran journalist who's covered Baltimore interestingly and well for years, defamed Miami restaurateur Ioannis Kafouros in a pair of articles two years ago by suggesting the Florida man was Ioannis "Crazy John" Kafouros, a Baltimore hustler who was convicted of trafficking in stolen goods before skipping town in 1999.

• The Daily Record (Baltimore)
• October 01, 2010

• Maryland Court of Appeals Says Man Tied to Murder Can't Sue for Defamation

News reports suggesting that a defamation plaintiff was involved in a double murder fell within the fair reporting and fair comment privileges, Maryland's highest court has ruled in affirming judgment. The defendants are a newspaper and one of the paper's reporters. The defendants published two articles concerning a double murder in Baltimore. Both articles suggested that the plaintiff may have been involved in the murders, despite the fact that he was never charged. The reports relied on both the plaintiff's testimony at the murder trial as well a witness statement discovered in a law enforcement investigative file.

• Lawyers USA
• February 03, 2012