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Defamation, Let’s Begin

DefamationToday, because defamation is a civil tort, the burden lies with the plaintiff to prove his case by a preponderance of the evidence, i.e. he must be able to convince the jury that it is more likely than not that the speech was in fact defamatory. Libelous speech refers to defamatory speech that appears in print, while slanderous speech refers to defamatory speech that is spoken verbally.

Depending on the circumstances of the case, distinguishing whether speech is defamatory may be quite difficult. There are traditionally two types of defamation claims: defamation…

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  • Defamation
  • Jan 05, 2017

Happy Holidays

Happy HolidaysSending hope and best wishes to you and your loved ones.  - Jon

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  • General
  • Dec 21, 2016

Defamation Throughout History Part C

When is humor outrageous enough to appear unreasonable? And how does that affect a statement’s defamatory nature? In this post we’ll look into these questions, the nature of defamatory opinions, and a few cases that demonstrate recent changes in media and defamation law the Digital Age.

1988 – Defamation Via Parody (Hustler Magazine v. Falwell)

In Hustler Magazine v. Falwell, the Supreme Court ruled that a parody advertisement claiming Jerry Falwell had engaged in an incestuous act with his mother in an outhouse, while false (and deeply disturbing), could not allow Falwell to win damages for emotional distress. Falwell was…

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  • Defamation
  • Dec 21, 2016

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