COM 400 Study Guide - Final Guide: Gag Order, Substantial Similarity, Copyright Infringement
20 Jan 2014
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Defamation: the publication of material that would tend to hold with hatred, ridicule, contend or spite (hurts someone reputation). If it is said it is slander if it is written it is libel. To win, plaintiff must prove: (f2li2p) all of these. Publication (cid:0) communicated in any form (spoken, written, broadcast, etc. : republication is liable too. Falsity: the statement is false (cid:0) not true statement. Language that"s defamatory (cid:0) words that tend to damage a person"s standing in a community . Identification of the person/company (cid:0) does not have to be named, just described. Damage/harm (cid:0) you have to prove that the person was harmed in some way: emotional, physical, economic (need to recover somehow, vary state by state. Punitive: to punish and send a warning to others. Even if p proves all the elements: fair report privilege, fair comment and criticism.
