For those who claim they never read my blog

Tulelake, CA— A wake up call

What are the elements of a defamation claim?

The elements that must be proved to establish defamation are:

1. a publication to one other than the person defamed;
2. a false statement of fact;
3. that is understood as
· a. being of and concerning the plaintiff; and
· b. tending to harm the reputation of plaintiff.
· If the plaintiff is a public figure, he or she must also prove actual malice.

What if I change the person's name?

To state a defamation claim, the person claiming defamation need not be mentioned by name—the plaintiff only needs to be reasonably identifiable. So if you defame the "government executive who makes his home at 1600 Pennsylvania Avenue," it is still reasonably identifiable as the president.

Do blogs have the same constitutional protections as mainstream media?

Yes. The US Supreme Court has said that "in the context of defamation law, the rights of the institutional media are no greater and no less than those enjoyed by other individuals and organizations engaged in the same activities."

What are some examples of libelous and non-libelous statements?

The following are a couple of examples from California cases; note the law may vary from state to state. Libelous (when false):

· Charging someone with being a communist (in 1959)
· Calling an attorney a "crook"
· Describing a woman as a call girl
· Accusing a minister of unethical conduct
· Accusing a father of violating the confidence of son

Not-libelous:

· Calling a political foe a "thief" and "liar" in chance encounter (because hyperbole in context)
· Calling a TV show participant a "local loser," "chicken butt" and "big skank"
· Calling someone a "bitch" or a "son of a bitch"
· Changing product code name from "Carl Sagan" to "Butt Head Astronomer"

Since libel is considered in context, do not take these examples to be a hard and fast rule about particular phrases. Generally, the non-libelous examples are hyperbole or opinion, while the libelous statements are stating a defamatory fact.

What is "Libel Per Se"?

When libel is clear on its face, without the need for any explanatory matter, it is called libel per se. The following are often found to be libelous per se:

A statement that falsely:

· Charges any person with crime, or with having been indicted, convicted, or punished for crime;
· Imputes in him the present existence of an infectious, contagious, or loathsome disease;
· Tends directly to injure him in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects that the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits;

· Imputes to him impotence or a want of chastity.

Of course, context can still matter. If you respond to a post you don't like by beginning "Jane, you ignorant slut," it may imply a want of chastity on Jane's part. But you have a good chance of convincing a court this was mere hyperbole and pop cultural reference, not a false statement of fact.

What is a "false light" claim?

Some states allow people to sue for damages that arise when others place them in a false light. Information presented in a "false light" is portrayed as factual, but creates a false impression about the plaintiff (i.e., a photograph of plaintiffs in an article about sexual abuse, because it creates the impression that the depicted persons are victims of sexual abuse).

False light claims are subject to the constitutional protections discussed above.

Online Defamation Law

Take Note:

1. Writing criminal across flyers

2. Handing out flyers with false information

3. We have not got to the slander yet or the intentional malice of destruction of flyers and business cards.

4. Now I have a whole note book that was presented as evidence that they tried to use against me, is now evidence that I am the one being stocked by those who claim they never read my blog, to be presented in criminal court to be , along with Injunction that was filed to be turned over to my attorney in the criminal proceeding against me that has not be proven in a court of law.

Online Defamation Law

By James Garland of Tulelake News
PO Box 772
Tulelake, CA 96134-0772

Home Phone (530) 667-4744
Cell # (530) 708-7852

Email: tulelakenews@yahoo.com Tulelake News

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