Torts: Defamation & Privacy Torts

What are the four common law elements of a prima facie case for defamation?

The four elements are: (1) a defamatory statement of fact, (2) of and concerning the plaintiff, (3) publication to a third party, and (4) damages to the plaintiff's reputation.

What is the primary distinction between libel and slander?

Libel is a defamatory statement recorded in writing or another permanent form, whereas slander is a spoken or oral defamatory statement.

What are the four traditional categories of slander per se that do not require proof of special damages?

The four categories are statements imputing: (1) a loathsome disease, (2) criminal conduct involving moral turpitude, (3) serious sexual misconduct (traditionally unchastity of a woman), and (4) conduct adversely affecting one's business or profession.

What must a plaintiff prove to satisfy the 'of and concerning' element of defamation?

The plaintiff must prove that a reasonable person reading or hearing the statement would understand that it refers specifically to the plaintiff.

How is the 'publication' element defined in the context of a defamation claim?

Publication means the defamatory statement was communicated, either intentionally or negligently, to at least one third party who understood its defamatory meaning.

Under New York Times Co. v. Sullivan, what additional element must a public official or public figure prove to recover for defamation?

A public official or public figure must prove 'actual malice,' meaning the statement was made with knowledge of its falsity or with reckless disregard for whether it was true or false.

According to Gertz v. Robert Welch, Inc., what is the minimum standard of fault a private figure plaintiff must prove in a defamation case involving a matter of public concern?

A private figure plaintiff must prove at least negligence regarding the falsity of the statement to recover actual damages.

Under Gertz v. Robert Welch, Inc., what must a private figure plaintiff prove to recover presumed or punitive damages in a defamation suit involving a matter of public concern?

To recover presumed or punitive damages, a private figure plaintiff must prove actual malice (knowledge of falsity or reckless disregard for the truth).

What is the absolute defense to a defamation claim under common law?

Truth is an absolute defense to a defamation claim; a substantially true statement cannot be defamatory.

In what contexts does an absolute privilege protect a defendant from defamation liability, regardless of malice?

Absolute privilege applies to statements made during judicial proceedings, legislative proceedings, executive communications, and communications between spouses.