1. Limits to the Freedom of Speech
Defamation
Limits to the Freedom of Speech

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

3. 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

4. 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

5. 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!

6. 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

7. 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”

8. Jesse Ventura v. Chris Kyle
VS.
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