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  • Defamation Study Chart Annotated (2017)

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    Jacob Bonifield
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    The document outlines 8 categories of public figures and private figures making claims against media defendants or non-media defendants. It details the constitutional fault standards and burdens of proof for determining liability in defamation cases between these parties. Public figures suing media outlets over matters of public concern must prove actual malice, whereas private figures only need prove negligence. It also addresses issues such as presumed damages, punitive damages, and who bears the burden of proving truth or falsity.

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    Defamation Standards for Torts as of 2017

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    The document outlines 8 categories of public figures and private figures making claims against media defendants or non-media defendants. It details the constitutional fault standards and burdens of proof for determining liability in defamation cases between these parties. Public figures suing media outlets over matters of public concern must prove actual malice, whereas private figures only need prove negligence. It also addresses issues such as presumed damages, punitive damages, and who bears the burden of proving truth or falsity.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    124 views1 page

    Defamation Study Chart Annotated (2017)

    Uploaded by

    Jacob Bonifield
    The document outlines 8 categories of public figures and private figures making claims against media defendants or non-media defendants. It details the constitutional fault standards and burdens of proof for determining liability in defamation cases between these parties. Public figures suing media outlets over matters of public concern must prove actual malice, whereas private figures only need prove negligence. It also addresses issues such as presumed damages, punitive damages, and who bears the burden of proving truth or falsity.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    of 1

    (1) (2) (3) (4) (5) (6) (7) (8)

    Public P Public P Public P Public P Private P Private P Private P Private P


    (Officials/Figures) (Officials/Figures) (Officials/Figures) (Officials/Figures) -Media D Non-media D -Media D -Non-media D -
    -Media D -Non-media D -Media D Non-media D -Public -Public -Private Private Concern
    -Public Concern -Public Concern -Private Concern -Private Concern Concern Concern Concern

    (NY Times) (NY Times) (Gertz); (Dun & Bradstreet)


    (Phila. News)
    Fault Actual Malice Actual Malice Negligence Common Law
    Standard
    Constitutional
    ? ? ? ?
    Fault
    Standard

    No Presumed No Presumed No presumed Presumed Damages


    Damages Damages damages
    Damages: Punitive Damages
    Actual and Actual and ? ? Actual ? ?
    Presumed/ Punitive Punitive Damages
    Punitives Damages Damages
    (only if
    *only if Actual *only if Actual Negligence is
    Malice is proven Malice is proven proven)

    Punitive
    Damages

    (only if Actual
    Malice is
    proven)
    Plaintiff must Defendant has
    Burden of Plaintiff must also ? ? ? also prove ? ? burden of proving
    prove falsity Speech does not falsity when Speech does truth
    Proof : when newspaper involve a matter newspaper is not involve a
    Truth/Falsity is defendant and of PC) defendant matter of PC
    speech is PC and speech
    is PC
    Falsity

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