COM 250 Lecture Notes - Lecture 13: Pentagon Papers, Seditious Libel, Misdemeanor

• School: University of Miami
• Department: Communication
• Course: COM 250
• Professor: Terilli Samuel

Document Summary

Defamatory statement: the defamatory statement, the message must be perceived as insulting or harmful among right thinking persons , publication, the message must be communicated to a third party, whether by voice, print, or some other means. Identification: the plaintiff must be identifiable as the person defamed, plaintiff must prove to the court that somehow she/he is identified by the alleged defamation (person does not have to be mentioned specifically by name, fault: In some cases, a fourth condition of fault must be proved. Public officials and public figures: these persons in public life must prove a strict standard of fault known as. Actual malice, meaning that they have to prove that the defamation was a deliberate and reckless falsehood. Gertz v welsh (1974) extended the condition of fault to private individuals (negligence: defenses, truth. Most states make truth a complete defense in slander and libel suits.