Limits to the Freedom of Speech Defamation Limits to the Freedom of Speech

Defamation A false expression about a person that damages that person’s reputation SPOKEN defamation called slander PUBLISHED defamation called libel Article, film, blog, email, etc.

Can public Figures sue for defamation? New York Times v. Sullivan (1960) Value placed on freedom of speech makes it difficult for public officials or public figures to win defamation suits Concern is that holding speakers—including press— responsible for comments about public importance will “chill” or discourage expression

Can public Figures sue for defamation? Debate on public issues must be “uninhibited, robust, and wide open” May include “vehement, caustic, and sometimes unpleasantly sharp attacks on gov’t & public officials” If critics had to guarantee complete accuracy of every assertion, it would lead to self-censorship

How do you prove slander/libel? Must be able to prove you or your business suffered financial harm PUBLIC FIGURES must prove statement was made with “actual malice” Person making statement KNEW it was false or showed reckless disregard for truth Hard to prove Jury decides!

Defenses against defamation claims Primary defense #1: Statement is true If a statement—written or spoken—is TRUE, plaintiff cannot win defamation suit in court Primary defense #2: No harm to reputation “Mr. Morrissey is 22 years old.” Not true, but doesn’t damage my reputation

Defenses against defamation claims Defense #3: Consent Plaintiff agreed to publication of defamatory statement about him/her Defense #4: Absolute privilege Protected from liability in judicial and legislative proceedings Defense #5: Statement of opinion However, simply phrasing a statement as opinion does not automatically make it so “I think Harold beat up his girlfriend last Saturday”

Jesse Ventura v. Chris Kyle VS. Click here for article