A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Slander Libel And Obscenity Are Quizlet In New York
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The U.S. Supreme Court established the test that judges and juries use to determine whether matter is obscene in three major cases: Miller v. California, 413 U.S. 15, 24-25 (1973); Smith v. United States, 431 U.S. 291, 300-02, 309 (1977); and Pope v. Illinois, 481 U.S. 497, 500-01 (1987).
The case was called District of Columbia Vizheler.MoreThe case was called District of Columbia Vizheler.
How did the U.S. Supreme Court define obscenity in the Miller case? Defined with The Miller test which gauges whether a work: to the "average person, applying contemporary community standards" would find that it, taken as a whole, appeals to the prurient interest.
The First Amendment to the Consitution protects five basic freedoms: Freedom of religion, Freedom of speech, Freedom of the press, Freedom of assembly, Freedom to petition the government.
Form: Slander is spoken, while libel is written or recorded in a permanent form.
The Supreme Court articulated in 1973 in Miller v. California a test still used by all courts for determining _____.
Actual malice is defined as knowledge of falsity or reckless disregard of the truth.
Slander. The publication of a defamatory matter by spoken Words, transitory gestures or by any form of communication other than those stated in subsection 1 (libel)
Establishment clause Clause in the First Amendment that states that Congress shall make no law respecting an establishment of religion.
Some common synonyms of slander are asperse, calumniate, defame, malign, traduce, and vilify. While all these words mean "to injure by speaking ill of," slander stresses the suffering of the victim.
