, , , , , , , ,
 
Westlaw Books Welcome
Citizens Court Watch !
Guestbook Sign In Log !
Important Court Cases
5 Disclaimer and Fair Use
Bad Judges And Courts !
Court System How Works
Radical Reference Info.
Words & Law Glossary !
Z Misc Information Etc.
42 USC 1983 A Lawsuits
5000 New Police Jobs ?
A Bomb 66 Yrs Later Info.
A Letter To NBA Owners
Abortion Facts And Info.
Abuse Of Court Powers
Accident/Hit and Run Etc.
Adopt A Kitten or Dog ?
Advanced Trial Handbook
Against Seizing Children
Aggravated Assault Etc.
Aiding & Abetting Info.
Aiding & Accessory Info.
Alcohol Crimes (DUI) Etc
Alcohol Crimes (DWI) Etc
Alcohol Getting Help Info.
Alienation Of Affection
Amerasian Children Info.
American Express Refund
Animal Cruelty & Rights
Apartment Rental Scams
Anamorphosis Pics Info.
Arrest Is It Legal Arrest ?
Arson and Fires Laws Info.
Assault and Battery Etc.
Asylum Canada’s  System
Attempt Crimes Laws Etc.
Attorney Client Privilege
Background Checks Info
Bankruptcy Options Info.
Beatings By Officers Info.
Bicycle Laws & Info. Etc.
Bigamy & Polygamy Laws
Bill Of Rights & Other ?
Bivens Action Lawsuits
Black Kittycat Law Books
Black Mail & How To Stop
Body of Missing People's
Breast Cancer Help Info.
 Brutality Excessive Force
Bribery Laws & Info. Etc.
Burglary Laws Info. Etc.
Cannibalism In The World
Case Numbering System
Censorship Rules Info. Etc.
Child Abandonment Etc.
Child Abuse Laws Info.
Children's Internet Act
Child Pornography Etc.
Child Support Laws Info.
Chinn, C. Bradley Bad J.
Christmas Peace Wish !
Citizens Court Watch !
Civil Forfeiture Laws Info.
Civil Rights Overview ?
Civil Rights Warning Etc.
Clear & Present Danger
Cohabitation Laws & Info.
Color of Law Abuses Etc.
Collateral Estoppel Info.
Common Law Info. Etc.
Complaints & Canons Etc.
Computer Crime &  Info.
Consortium, Loss Of Info.
Conspiracy Crime Info.
Constitution & Its Laws
Constitutional Law Info.
Contempt of Court Info.
Contempt of Cop Info.
Convicted Sex Offender
Cops Pulling You Over 4 ?
Copyright Patent Trade
Court System How Works
Court Forced Labor Info.
Couches 4 Rent Sex Info
Cozza, Salvatore  F. Bad
Credit / Debit Card Fraud
Credit 4 Time Served ?
Crimes A-Z Get Help Now
Crimes Against Justice ?
Crimes Against A Person
Criminal Contempt Court
Criminal Investigations
Civil Contempt of Court
Crimes Against Children
Criminal Rights Violations
Cyber Bullying Info. Etc.
Cyber Crimes Laws & Info.
Date Rape Info.Sex Etc.
Dating Black Mail Info.
Dating and Sex Info. Etc.
Death and Dying Info.
Death Penalty Laws Info.
Defamation Libel Slander
Deflowered by Police Info.
Dim Witted Persons Etc.
Disability Rights & Laws
Disorderly Conduct Etc.
Disturbing the Peace Etc.
Do Not Call 911 Info. ?
Do Not Call 911 Dot Com
Dog and Animal Abuse
Dog/Animal Bites & Info.
D.V. & Animal Abuse Etc.
Domestic Violence Etc.
Double Jeopardy Laws
Driver New Pay By Miles
 D.V. Consortium Info. !
Drug Charges & Info.
Drug Cultivation Etc.
Drug Distribution Etc.
Drugs Getting Help Info.
Drug Manufacturing Etc.
Drug Possession Etc.
Drug Trafficking Etc.
DSHS & APS & Get Help
DUI and DWI Laws Etc.
DUI & DWI After Arrest ?
E Bay & Craiglist Scams
E-Books Copyright Laws
Embezzlement Info. Etc.
Emergency Help Info.
Emergency Fire 911 Info.
Essays and Speeches
Expungement Laws Info.
Extortion Laws & Info.
Exemption From Laws
Exercise Your Rights Now.
False Advertising Laws
False Arrest Laws & Info
Feeding Homless Laws
Federal U.S Code & Laws
Federalism & Laws Info.
Feminism Laws & Info.
First Corinthians 7 Info.
First Date's Is It Safe ?
Fleecing of America !
Food Poisoning Info. Etc
Forgery Laws & Info. Etc.
Forced Guardianship Info.
Forced Labor & Its Laws
Forced Marriage Laws
Foster Care Laws & Info.
Fracking Regulations
Fraud Laws & Info. Etc.
Freedom Of Press Info.
Freedom of Speech Etc.
Friends Civil Rights Laws
Friend Of Court Brief
Funny To Scare Horses
Gangs Laws & Other Info.
Gang Rape Woman Laws
Gay Marriage Rights Etc.
Going Postal Get Help !
Glossary of Terms/ Words
Gonzaga Law School Etc
Good Samaritan Backfires
Grant Programs Info.
Guardian Ad Litem Info.
Guardianship Laws Info.
Guide To  File a Lawsuit
Gun Control Laws Etc.
Gun Rights In 4  U.S.A.
Guns Safety How To Info.
Habeas Corpus Laws Etc.
Harassment Laws & Info.
Hate Crimes Laws & Info.
Hearsay Evidence Case
Homeless Programs Etc.
Homicide Laws &  Info.
How To Bypass The Laws
How To Cook Babys Info
How To File a Lawsuit !
How to Self-Publish Book
How To Sue A Judge !
How The Courts Work
How The Courts Work ?
Human Trafficking Laws
Husband and Wife Laws
Hustler Mag v. Falwell
Identity Theft Info. Etc.
Indecent Exposure Etc.
Info. & Deaths Spokane
Injunction Rules & Laws
Insanity Defense Laws
Insurance Fraud Etc.
Intellectual Property Etc.
Intelligence Agency ?
Internet Laws Public Etc.
Internet Security Center
IRA Inheritance Laws
Jaywalking Laws & Info.
Judical Conduct (CJC)
Judical Immunity Rules
Judical Lawsuits Case's
Judicial / Legal Corruption
Judicaial Misconduct Info.
Judical Picnic 9/11 Ethics
Judicial Review & Laws
Judicial Trust Fund Info.
Jurisdiction Laws & Info.
Jurisprudence & Laws
Jury Duty Welcome Info.
Juvenile Law & Info.
Kidnapping Laws & Info.
Law Enforcement  Powers
Laws Suits Filling Info.
Lawyer Discipline Info. !
Layman Law Firm PLLP
Layman Bible Laws Etc.
Legal Research Internet
Life at Conception Act
Lithium Batteries Danger
Loan Pay Off How To
Magna Charta 1215  Text
Magna Carta Legal Info.
Mail Fraud & Scams
Mail Order Brides Info.
Mandatory Reporters Etc.
Manslaughter Involuntary
Manslaughter Voluntary
Marijuana & Cannabis Laws
Marital Rape Is A Crime ?
Medical Marijuana Info.
Mental State/ Defendant
MerryHallowThanksMas !
Millennials Generation Y
Minor in Possession (MIP)
Miranda Rights Warnings
Miranda v. Arizona ?
Misc Facts & Info. Etc.
Misc Files & Laws & Info.
Money Laundering Etc.
Mormon Polygamy Info.
Most Important Info. Etc.
Motorcycle Accidents Etc.
Murder First Degree Etc.
Murder Second Degree Etc.
My Constitutional R. Watch
Naked Children Laws
National Debt Figures US
No Contact Orders Info.
O'Connor, Kathleen M. B
Obscenity Laws & Info.
Open Container Law Etc.
Other Pink Thing ! 1973
Other White Meat/ Baby
Panhandler Ordinance
Pay Pal and Misc Scams
Pedestrian Accidents Etc.
Perjury In Court & Info.
Permanent Injunction Law
Pet Adopt & Laws Info.
Photography is Not Crime
Pharmaceutical Viagra !
Plea Bargains Laws/Info.
Pledge of Allegiance Etc.
Police Brutality &  Force
Police Crimes Info. Etc.
POLICE, FBI, CIA Info.
Police Misconduct & Info.
Police Misc Photo Files
Polyamory Dating Rules
Polyamory Relationship
Pornography Laws Info.
Premarital Agreements
Premarital Questions
Probable Cause Arrest ?
Probation Violation Info.
Process of Arrest Info.
Pornography Charges
Prisoner's Right's Info.
Property Crimes & Info.
Pro Se Litigant Info.
Pro-Se Rights Case Law
Pro-Se & Self-Help Info.
Prostitution Free/ Money
Publication Private Facts
Public Intoxication Info.
Pyramid Schemes Etc.
Racketeering/ RICO Etc.
Rape Of  Men & Women
Rapist and Sex Offenders
Red Light Cam. Tickets
ReElect Nobody Info.
Rental Deposit Fees Laws
Resisting Arrest Info.
Respect ALL Religions
Restoring Gun Rights
Retaliation After Crimes
Retaliation By Judges
Revenge Court Case's
Right to Counsel Laws
Robbery Crimes Etc.
Rockwood, Virginia B. Bad
Rules of Evidence & Info.
Rules of Evidence Etc.
Safe Haven Laws & Info.
Same Sex Marriage Info.
Scuba Diving Rapist Info
Scam's & Frauds Elderly
Search and Seizure Laws
Search Warrant Info. Etc.
Search Engines Helper
Search Engine Optimization
Secret Canon 3/2 Info.
Securities Fraud & Info.
Self Defence Laws Info.
Separation Agreement !
Seat Belt Laws & Info.
Sex Offender Registry
Sex & Am I Ready For ?
Sex Slave For Sale Ads
Sexual Abstinence Info.
Sexual Assault Laws Etc.
Sexual Orientation Info.
Sexual Predator Laws
Sex Crimes Laws & Info.
Sex Offenses & Laws
Sex Slave's For Sale Ads
Sexting Laws & Info. Etc.
Sexual Exploitation Info.
Sexual Slavery ? Laws
Shooting On Dick Spokane
Shoplifting Laws & Info.
Shower Safe & New Laws
Sit & Lie Down Ordinance
SLAPP Statutes & Laws
Smoking Getting Help Info.
Sodomy & Gay Info.  Laws
Solicitation Laws & Info.
Someone Drugged ME !
Speech Ban For Life ?
Spokane City Facts or ?
Spokane Code Enforcement
Spokane Dead Body Pics
Spokane Do Not Visit ?
Spokane Fire Dept. Bad
Spokane Internal Affairs
Spokane Local Killings
Spokane Marijuana Stores
Spokane Ombudsman Pr
Spokane Police Guild Bad
Spokane Police Very Bad
Spokane Prostitution Info.
Spokane Fireman Sex ?
Spokane Sex Clubs Info.
Spokane Stalker WoW
Spokane Unidentified Bodys
Standing Rules & Laws
Starting a Business Info.
Starting a New Website ?
Stalking & Forms of It ?
Stalkers + Traits of ?
Statute Of Limitations
Statutory Rape Laws Etc.
STD's & Other Diseases
Donald Sterling v NBA
Substantive Due Process
Sueing for Discrimination
Sue Without A Lawyer
Suing A Judges In Court
Suicide Get Help Now !
Support for Hitler USA
Supremacy Clause Info.
Surf The Web Safely Etc.
Tattoos and Branding !
Tax Evasion Laws Etc.
Telemarketing Scams Etc.
Terminology In The Laws
Theft / Larceny Info. Etc.
Traffic Laws & Tickets ?
Traffic Stops & Rights Info.
Transgender Bathroom Laws
Transgender People Info.
Transient Shelter Laws
Transvestite Laws & Info.
Trial Rights & Laws Etc.
Trust Laws & Court Rules
Unauthorized Practice Law
United Nations Laws Etc.
United States Constitution
U. S. Constitution Laws
U.S. Constitutional Law
Unlawful Vehicle Mod.
Vaccine & Vaccination
Vagrancy Laws & Info.
Valentines Day Stalker !
Vandalism Laws & Info.
Vehicle Searches & Info.
Violent Crime Control Act
Wa. State Constitution
Waiting for Rights Etc.
Wedding Day 11 12 13 14
We The People Laws
White Collar Crime & Info.
White House Laws/ Bills
White, Richard B. Bad J.
Woman Raped By Law
Wire Fraud Laws Etc.
Yes We The People Info.
Yin and Yang Philosophy
Z  Words &  Glossary !
STILL WORKING ONE
STILL WORKING THREE
STILL WORKING  EIGHT
 
   
 


Defamation Law: The Basics + There is always a delicate balance between one person's right to freedom of speech and another's right to protect their good name. It is often difficult to know which personal remarks are proper and which run afoul of defamation law. 

The term "defamation" is an all-encompassing term that covers any statement that hurts someone's reputation. If the statement is made in writing and published, the defamation is called "libel." If the hurtful statement is spoken, the statement is "slander." The government can't imprison someone for making a defamatory statement since it is not a crime. Instead, defamation is considered to be a civil wrong, or a tort. A person that has suffered a defamatory statement may sue the person that made the statement under defamation law.

Defamation law, for as long as it has been in existence in the United States, has had to walk a fine line between the right to freedom of speech and the right of a person to avoid defamation. On one hand, people should be free to talk about their experiences in a truthful manner without fear of a lawsuit if they say something mean, but true, about someone else. On the other hand, people have a right to not have false statements made that will damage their reputation. Discourse is essential to a free society, and the more open and honest the discourse, the better for society.Elements of a Defamation Lawsuit

Defamation law changes as you cross state borders, but there are normally some accepted standards that make laws similar no matter where you are. If you think that you have been the victim of some defamatory statement, whether slander or libel, then you will need to file a lawsuit in order to recover. Generally speaking, in order to win your lawsuit, you must show that: Someone made a statement; that statement was published;the statement caused you injury;the statement was false; andthe statement did not fall into a privileged category.

To get a better grasp of what you will need to do to win your defamation lawsuit, let's look at each element more closely.

The Statement -- A "statement" needs to be spoken, written, or otherwise expressed in some manner. Because the spoken word often fades more quickly from memory, slander is often considered less harmful than libel.

Publication -- For a statement to be published, a third party must have seen, heard or read the defamatory statement. A third party is someone apart from the person making the statement and the subject of the statement. Unlike the traditional meaning of the word "published," a defamatory statement does not need to be printed in a book. Rather, if the statement is heard over the television or seen scrawled on someone's door, it is considered to be published.

Injury -- To succeed in a defamation lawsuit, the statement must be shown to have caused injury to the subject of the statement. This means that the statement must have hurt the reputation of the subject of the statement. As an example, a statement has caused injury if the subject of the statement lost work as a result of the statement.

Falsity -- Defamation law will only consider statements defamatory if they are, in fact, false. A true statement, no matter how harmful, is not considered defamation. In addition, because of their nature, statements of opinion are not considered false because they are subjective to the speaker.

Unprivileged -- Lastly, in order for a statement to be defamatory, it must be unprivileged. Lawmakers have decided that you cannot sue for defamation in certain instances when a statement is considered privileged. For example, when a witness testifies at trial and makes a statement that is both false and injurious, the witness will be immune to a lawsuit for defamation because the act of testifying at trial is privileged.

Whether a statement is privileged or unprivileged is a policy decision that rests on the shoulders of lawmakers. The lawmakers must weigh the need to avoid defamation against the importance that the person making the statement have the free ability to say what they want.

Witnesses on the stand at trial are a prime example. When a witness is giving his testimony, we, as a society, want to ensure that the witness gives a full account of everything without holding back for fear of saying something defamatory. Likewise, lawmakers themselves are immune from defamation suits resulting from statements made in legislative chamber or in official materials.Higher Burdens for Defamation -- Public Officials and Figures

Our government places a high priority on the public being allowed to speak their mind about elected officials as well as other public figures. People in the public eye get less protection from defamatory statements and face a higher burden when attempting to win a defamation lawsuit.

When an official is criticized in a false and injurious way for something that relates to their behavior in office, the official must prove all of the above elements associated with normal defamation, and must also show that the statement was made with "actual malice."

"Actual malice" was defined in a Supreme Court case decided in 1964, Hustler v. Falwell.  In that case, the court held that certain statements that would otherwise be defamatory were protected by the First Amendment of the United States Constitution. The court reasoned that the United States society had a "profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open."

This meant, according to the Court, that public officials could only win a defamation suit when the statement that was made was not an honest mistake and was in fact published with the actual intent to harm the public figure. According to the Court, actual malice only occurs when the person making the statement knew the statement was not true at the time he made it, or had reckless disregard for whether it was true or not.

For other people that are in the public eye, but not public officials, the defamation laws are also different. These people, such as celebrities and movie stars, must also prove, in most situations, that the defamatory statements were made with actual malice.

Freedom of speech is less meaningful when a statement is made about a private individual because the statement is probably not about a matter of public importance. As noted above, a private person has no need to show that the statement maker acted with actual malice in order to be victorious in their defamation lawsuit.

Defamation, Libel, and Slander: Background + The law of defamation protects a person's reputation and good name against communications that are false and derogatory. Defamation consists of two torts: libel and slander. Libel consists of any defamation that can be seen, most typically in writing. Slander consists of an oral defamatory communications. The elements of libel and slander are nearly identical to one another.

Historically, the law governing slander focused on oral statements that were demeaning to others. By the 1500s, English courts treated slander actions as those for damages. Libel developed differently, however. English printers were required to be licensed by and give a bond to the government because the printed word was believed to be a threat to political stability. Libel included any criticism of the English government, and a person who committed libel committed a crime. This history carried over in part to the United States, where Congress under the presidency of John Adams passed the Sedition Act, which made it a crime to criticize the government. Congress and the courts eventually abandoned this approach to libel, and the law of libel is now focused on recovery of damages in civil cases.

Beginning with the landmark decision in New York Times v. Sullivan (1964), the U.S. Supreme Court has recognized that the law of defamation has a constitutional dimension. Under this case and subsequent cases, the Court has balanced individual interests in reputation with the interests of free speech among society. This approach has altered the rules governing libel and slander, especially where a communication is about a public official or figure, or where the communication is about a matter of public concern.

Elements of Libel and Slander + Specific requirements that a plaintiff must prove in order to recover in a defamation action differ from jurisdiction to jurisdiction. Under the Restatement (Second) of Torts, which is drafted by the American Law Institute and has been influential among state courts, a plaintiff must prove four elements.First, the plaintiff must prove that the defendant made a false and defamatory statement concerning the plaintiff.Second, the plaintiff must prove that the defendant made an unprivileged publication to a third party. Third, the plaintiff must prove that the publisher acted at least negligently in publishing the communication. Fourth, in some cases, the plaintiff must prove special damages. Defamatory Statements

One essential element in any defamation action is that the defendant published something defamatory about the plaintiff. The Restatement defines a communication as defamatory "if it tends so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating with him." Examples of defamatory statements are virtually limitless and may include any of the following:A communication that imputes a serious crime involving moral turpitude or a felonyA communication that exposes a plaintiff to hatredA communication that reflects negatively on the plaintiff's character, morality, or integrityA communication that impairs the plaintiff's financial well-beingA communication that suggests that the plaintiff suffers from a physical or mental defect that would cause others to refrain from associating with the plaintiff

One question with which courts have struggled is how to determine which standard should govern whether a statement is defamatory. Many statements may be viewed as defamatory by some individuals, but the same statement may not be viewed as defamatory by others. Generally, courts require a plaintiff to prove that he or she has been defamed in the eyes of the community or within a defined group within the community. Juries usually decide this question.

Courts have struggled to some degree with the treatment of statements of opinions. At common law, statements of opinion could form the basis of a defamation action similar to a statement of pure fact. Generally, if a statement implies defamatory facts as the basis of the opinion, then the statement may be actionable.Publication RequirementAnother requirement in libel and slander cases is that the defendant must have published defamatory information about the plaintiff. Publication certainly includes traditional forms, such as communications included in books, newspapers, and magazines, but it also includes oral remarks. So long as the person to whom a statement has been communicated can understand the meaning of the statement, courts will generally find that the statement has been published.Meaning of a Communication

In some instances, the context of a statement may determine whether the statement is defamatory. The Restatement provides as follows: "The meaning of a communication is that which the recipient correctly, or mistakenly but reasonably, understands that it was intended to express." Courts generally will take into account extrinsic facts and circumstances in determining the meaning of the statement. Thus, even where two statements are identical in their words, one may be defamatory while the other is not, depending on the context of the statements.Reference to the Plaintiff

In a defamation action, the recipient of a communication must understand that the defendant intended to refer to the plaintiff in the communication. Even where the recipient mistakenly believes that a communication refers to the plaintiff, this belief, so long as it is reasonable, is sufficient. It is not necessary that the communication refer to the plaintiff by name. A defendant may publish defamatory material in the form of a story or novel that apparently refers only to fictitious characters, where a reasonable person would understand that a particular character actually refers to the plaintiff. This is true even if the author states that he or she intends for the work to be fictional.

In some circumstances, an author who publishes defamatory matter about a group or class of persons may be liable to an individual member of the group or class. This may occur when: (1) the communication refers to a group or class so small that a reader or listener can reasonably understand that the matter refers to the plaintiff; and (2) the reader or listener can reasonably conclude that the communication refers to the individual based on the circumstances of the publication.

Requirement of Fault + One of the more difficult issues in a defamation case focuses on whether the defendant is at fault for publishing defamatory comments. Common law rules created strict liability on the part of the defendant, meaning that a defendant could be liable for defamation merely for publishing a false statement, even if the defendant was not aware that the statement was false. Cases involving an interpretation of the First Amendment later modified the common law rules, especially in cases involving public officials, public figures, or matters of public concern.Common Law Rules

At common law, once a plaintiff proved that a statement was defamatory, the court presumed that the statement was false. The rules did not require that the defendant know that the statement was false or defamatory in nature. The only requirement was that the defendant must have intentionally or negligently published the information.Public Officials and Public Figures

In New York Times v. Sullivan, the Supreme Court recognized that the strict liability rules in defamation cases would lead to undesirable results when members of the press report on the activities of public officials. Under the strict liability rules of common law, a public official would not have to prove that a reporter was aware that a particular statement about the official was false in order to recover from the reporter. This could have the effect of deterring members of the press from commenting on the activities of a public official.

Under the rules set forth in Sullivan, a public official cannot recover from a person who publishes a communication about a public official's conduct or fitness unless the defendant knew that the statement was false or acted in reckless disregard of the statement's truth or falsity. This standard is referred to as "actual malice," although malice in this sense does not mean ill-will. Instead, the actual malice standard refers to the defendant's knowledge of the truth or falsity of the statement. Public officials generally include employees of the government who have responsibility over affairs of the government. In order for the First Amendment rule to apply to the public official, the communication must concern a matter related directly to the office.

Later cases expanded the rule to apply to public figures. A public figure is someone who has gained a significant degree of fame or notoriety in general or in the context of a particular issue or controversy. Even though these figures have no official role in government affairs, they often hold considerable influence over decisions made by the government or by the public. Examples of public figures are numerous and could include, for instance, celebrities, prominent athletes, or advocates who involve themselves in a public debate.Private Persons

Where speech is directed at a person who is neither a public official nor a public figure, the case of Gertz v. Robert Welsh, Inc. (1974) and subsequent decisions have set forth different standards. The Court in Gertz determined that the actual malice standard established in New York Times v. Sullivan should not apply where speech concerns a private person. However, the Court also determined that the common law strict liability rules impermissibly burden publishers and broadcasters.

Under the Restatement (Second) of Torts, a defendant who publishes a false and defamatory communication about a private individual is liable to the individual only if the defendant acts with actual malice (applying the standard under New York Times v. Sullivan) or acts negligently in failing to ascertain whether a statement was false or defamatory. 

Defenses to Libel and Slander + A defendant in a defamation case may raise a variety of defenses. These are summarized as follows:Truth

The common law traditionally presumed that a statement was false once a plaintiff proved that the statement was defamatory. Under modern law, a plaintiff who is a public official or public figure must prove falsity as a prerequisite for recovery. Some states have likewise now provided that falsity is an element of defamation that any plaintiff must prove in order to recover. Where this is not a requirement, truth serves as an affirmative defense to an action for libel or slander.

A statement does not need to be literally true in order for this defense to be effective. Courts require that the statement is substantially true in order for the defense to apply. This means that even if the defendant states some facts that are false, if the "gist" or "sting" of the communication is substantially true, then the defendant can rely on the defense.Consent

Where a plaintiff consents to the publication of defamatory matter about him or her, then this consent is a complete defense to a defamation action.Absolute Privileges

Some defendants are protected from liability in a defamation action based on the defendant's position or status. These privileges are referred to as absolute privileges and may also be considered immunities. In other words, the defense is not conditioned on the nature of the statement or upon the intent of the actor in making a false statement. In recognizing these privileges, the law recognizes that certain officials should be shielded from liability in some instances.

Absolute privileges apply to the following proceedings and circumstances:(1) judicial proceedings
(2) legislative proceedings
(3) some executive statements and publications
(4) publications between spouses
(5) publications required by lawConditional PrivilegesOther privileges do not arise as a result of the person making the communication, but rather arise from the particular occasion during which the statement was made. These privileges are known as conditional, or qualified, privileges. A defendant is not entitled to a conditional privilege without proving that the defendant meets the conditions established for the privilege. Generally, in order for a privilege to apply, the defendant must believe that a statement is true and, depending on the jurisdiction, either have reasonable grounds for believing that the statement was true or not have acted recklessly in ascertaining the truth or falsity of the statement.

Conditional privileges apply to the following types of communications:A statement that is made for the protection of the publisher's interestA statement that is made for the protection of the interests of a third personA statement that is made for the protection of common interestA statement that is made to ensure the well-being of a family memberA statement that is made where the person making the communication believes that the public interest requires communication of the statement to a public officer or other official A statement that is made by an inferior state officer who is not entitled to an absolute privilege.

Attorney Intake Form: Defamation or Slander + If someone is painting you in a bad light in print or otherwise, you may have been defamed or slandered. These legal claims depend on specific facts to establish liability. This intake form can help you and your attorney determine whether the offending party has intruded on your legal rights. Keep in mind, though, that everyone has a free speech right, and that can extend to saying or publishing certain things, even if they are negative.
Name:

Address:

Home Telephone(s):

Employer's Name:

Employer's Address:

Work Telephone(s):

May we contact you at work? Yes _______ No _______

Why do you need legal advice about defamation?

Section I: If You Think You Have Been Defamed, please answer the following questions.

Did the defamatory statement consist of specific words that were spoken or written?

Yes _______ No _______

Please provide a brief description of circumstances of the defamatory or slanderous statement and what was said or published.

Did the defamatory or slanderous statement consist of some unspoken expression or act that implied something untrue or unsavory about you?

Yes _______ No _______

Please explain the circumstances and describe the defamatory or slanderous act.

How long ago did the defamation or slander occur? In the last year _______

More than one year ago _______

More than two years ago _______

More than three years ago _______

If you know the precise date, please write it here: __________

Did the statement suggest any of the following? Check all that apply.

That you are a criminal _______

a person of lax morals _______

a drunk or a drug abuser _______

an adulterer _______

an abuser of your spouse or children _______

an unfit parent _______

a liar _______

a thief _______

a cheat _______

Did the statement suggest that you cheat on your taxes _______

run a shady business, or engage in sharp practices _______

sell adulterated food _______

sell pirated goods _______

cheat your customers _______

swindle elderly people _______Where was the defamatory statement made? At work in an open area _______

In a private meeting at work _______

In a performance review _______

At a meeting of your employer's executives _______

In a public place _______

At church _______

In your community _______

At a community meeting _______

Before the city council _______

Before legislators _______

In a communication to a governmental agency _______

In court _______

In a newspaper or magazine _______

In a book _______

Over the radio _______

On TV _______

On the Internet _______

How did you find out about the statement?
Who heard or read or saw the defamatory statement? Please be specific.

Was the defamatory statement directed toward your business?

Yes _______ No _______

Do you think that the defamatory statement could have had a negative impact on your business?

Yes _______ No _______
Section II: If you are being sued, please answer the following questions.

What was going on when the alleged defamatory statement was made? What were the circumstances?

How long ago did the defamation occur? In the last year _______

More than one year ago _______

More than two years ago _______

More than three years ago _______

If you know the precise date, please write it here: __________

Who is the plaintiff and what does he or she do?

Is the plaintiff a public official?

Yes _______ No _______

Is the plaintiff somebody well-known?

Yes _______ No _______

Where did the alleged defamatory statement take place? (Consult the list in Section I.).)

Who else heard you make the alleged statement? Who read it? Who saw it?

Was the statement true? Yes _______ No _______

If it was, please explain why you think it was true.

Where did you get the information that formed the basis for the alleged defamatory statement?
Did you confirm the information with third person?

Yes _______ No _______

Did you try to keep the information confidential if it was, in fact, given to you in confidence?

Yes _______ No _______

Does your liability insurance cover defamation?

Yes _______ No/Not Sure _______

No matter how you answer this question, have the policy, along with any amendments or riders to it, with you to the first meeting with your attorney.



Citizens Court Watch + & Thank You For Taking The Time To Read This Websites

I Hope That This Websites Can Help You & Others With Your Court Cases / Laws.

You Can E-Mail US AT yourcivilrights@yahoo.com  You Can Also Write To Us at Rommel P. Westlaw  @  P.O. Box 18010 Spokane, Washington. 99228-0010 U.S.A. P.O. Box 960 Newman Lake, Wa. 99025 or P.O. Box 1144 Bonners Ferry, ID 83805  

Phone Messages Call Us  at (Washington D.C. Offices) At # 202-670-LAWS (5297) Florida # 561-90-PRO-SE (7-7673)  Spokane, Wa. # 509-701-5683 or 509-465-4528  Wisconsin # 920-39-JUDGE (5-8343) Texas # 512-887-8779 All Calls Are Welcome

You May Help Others By Making $$$ A Small Donation Or Help With Your Time. PLEASE REMEMBER DO NOT TAKE THE LAW INTO YOUR OWN HANDS  911*


Disclaimer and Fair Use Pages For Westlaw Books + See Full Disclaimer Page + Its Five 5 Button Down From The Top Of This Website + You Can Click # Button + To Read The Whole Disclaimer For This Website and My Other Website's Info. !

Disclaimer of Warranties and Liabilities:
This site does not warrant the accuracy, completeness, timeliness, safety or merchantability of fitness for a particular purpose of the information contained in This site nor in any way endorse the individuals or institutions listed in This site.


In No Event Shall Westlawbooks.com, or Any Other Web Address Etc. or Domain from Westlaw Books or its staff, its sponsors, its contributors or its ISP be liable for any damages whatsoever, including, without limitation, direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of money or revenue, or loss of use, arising out of or related to the westlawbooks.com or Any Other Web Address or Domain from Westlaw Books or my other internet Web Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.

In accordance with Title 17 U.S.C. Section 107, any copyrighted work on this website is distributed under fair use without profit or payment for non-profit research and educational purposes only. Read all about Copyright & Fair Use at- http://fairuse.stanford.edu/

If you have a Complaint About Westlaw Books Dot Com or My Other Domain's ?  Content of this Website, how about telling the webmaster first? You can Contact the Webmaster In Writing At P. O. Box 18010 Spokane, WA. 99228-0010 U.S.A.


Disclaimer: + This is A Disclaimer from the Owner of this Website + Please Read ! + Nothing Here Is To Be Construed As "Legal Advice". We Are Not Lawyers, And We Are Not Pretending To Be Lawyers. This manual and website and information is intended purely as a communication of information in accordance with the right of free speech. It does not constitute either general or specific legal advice. Anyone who is seeking any legal advice should consult a competent professional.

The following is provided for informational purposes only and is intended to be used as a guide prior to consultation with an attorney familiar with your specific legal situation. Westlaw Books is not engaged in rendering legal or other Info. & professional advice, and this form is not a substitute for the advice of an attorney. 


Permission to quote statements we make and use our graphics is hereby granted without obtaining permission. We do Not copyright our quotes or graphics we create, which we Want to be widely dissembled to further the cause of Liberty and Justice for your Families and For All Families. If you use our materials, we certainly would appreciate being informed. Thank you !

Disclaimer and Fair Use Pages For Westlaw Books + See Full Disclaimer Page + Its Five 5 Button Down From The Top Of This Website + You Can Click # Button + To Read The Whole Disclaimer For This Website and My Other Website's Info. !