ONE WHO KNOWS ALOT

Springfield, TN

#1 Sep 23, 2012
What is defamation?
Answer: Defamation is the making of false statements, oral or written, about another person. There are two types of defamation, libel and slander.
2. What is libel?
Answer: Libel is a form of defamation that results when a false and defamatory statement is written about a person (as opposed to spoken about a person). Libel results in injury to the person’s character or reputation. Libel does not occur just because the statement is annoying, offensive, or embarrassing to a person; the statement must reasonably hold the person up to public hatred, contempt, or ridicule.
In order to prove libel, the plaintiff must prove that the statement was communicated to another person other than the plaintiff (called publication) knowing that the statement was false or without taking appropriate steps to determine whether the statement was true.
The standard for libel differs if the person about whom the statement is written is a public figure. The law of who is a public figure is very complicated, but people like famous actors and national politicians are almost always considered to be public figures. It is harder for public figures to prove a libel case.
A person accused of libeling another person can defend him/herself by proving the truth of the statement.
In addition, there are several exceptions to libel law that prevent some false and defamatory statements from forming the basis of a libel action. For example, statements made in the course of a judicial proceeding that are relevant to the issues involved in the proceeding cannot form the basis of a libel action.
3. What is slander?
Answer: Slander is a form of defamation that results when a false and defamatory statement is spoken about a person (as opposed to written about a person). Slander results in injury to the person’s character or reputation. Slander does not occur just because the statement is annoying, offensive, or embarrassing to a person; the statement must reasonably hold the person up to public hatred, contempt, or ridicule.
In order to prove slander, the plaintiff must prove that the statement was communicated to another person other than the plaintiff (called publication) knowing that the statement was false or without taking appropriate steps to determine whether the statement was true.
The standard for slander differs if the person about whom the statement is spoken is a public figure. The law of who is a public figure is very complicated, but people like famous actors and national politicians are almost always considered to be public figures. It is harder for public figures to prove a slander case.
A person accused of slandering another person can defend him/herself by proving the truth of the statement.
In addition, there are several exceptions to slander law that prevent some false and defamatory statements from forming the basis of a slander action. For example, statements made in the course of a judicial proceeding that are relevant to the issues involved in the proceeding cannot form the basis of a slander action
4. What is the deadline for filing a lawsuit claiming libel?
Answer: A lawsuit for libel must be filed within one (1) year from the date of publication of the libelous statement (when the defamatory statement is communicated to a third person). An exception to this one-year rule applies when the plaintiff does not discover that s/he has been defamed until after the date of publication. In that case, the plaintiff has one year from the date s/he discovers the defamation to file suit.
5. What is the deadline for filing a lawsuit claiming slander?
Answer: A lawsuit for slander must be filed within six (6) months after the words are uttered. There is no exception to this rule, even if the plaintiff does not discover the slander until after the words are spoken.
6. I believe that I have been defamed. What should I do?
Answer: First, you should immediately gather any evidence that you believe supports your claim
ONE WHO KNOWS ALOT

Springfield, TN

#2 Sep 23, 2012
remember is it's true it is not slander!
guest

Hendersonville, NC

#3 Sep 24, 2012
What about federal law
Info

Scottsville, KY

#4 Sep 24, 2012
Federal Law

Defamation law in the United States is much less plaintiff-friendly than its counterparts in European and the Commonwealth countries, due to the enforcement of the First Amendment. One very important distinction today is that European and Commonwealth jurisdictions adhere to a theory that every publication of a defamation gives rise to a separate claim, so that a defamation on the Internet could be sued on in any country in which it was read, while American law only allows one claim for the primary publication.

In the United States, a comprehensive discussion of what is and is not libel or slander is difficult, because the definition differs between different states. Some states codify what constitutes slander and libel together into the same set of laws. Some states have criminal libel laws on the books, though these are old laws which are very infrequently prosecuted. Washington State has held its criminal libel statute unconstitutional applying the state and federal constitutions to the question.

Most defendants in defamation lawsuits are newspapers or publishers, which are involved in about twice as many lawsuits as are television stations. Most plaintiffs are corporations, businesspeople, entertainers and other public figures, and people involved in criminal cases, usually defendants or convicts but sometimes victims as well. In no state can a defamation claim be successfully maintained if the allegedly defamed person is deceased.

Section 230 of the Communications Decency Act of 1996 generally immunizes from liability parties that create forums on the Internet in which defamation occurs from liability for statements published by third parties. This has the effect of precluding all liability for statements made by persons on the Internet whose identity cannot be determined.

In the various states, whether by case law or legislation, there are generally several "privileges" that can get a defamation case dismissed without proceeding to trial. These include the litigation privilege, which makes statements made in the context of litigation non-actionable, and the allegedly defamatory statement being "fair comment and criticism", as it is important to society that everyone be able to comment on matters of public interest. The United States Supreme Court, however, has declined to hold that the "fair comment" privilege is a Constitutional imperative.[citation needed]

One defense is reporting or passing through information as a general information or warning of dangerous or emergent conditions, and intent to defame must be proven. Also, the truth of the allegedly defamatory statement will always negate the claim (whether because the plaintiff fails to meet his/her burden of proving falsity or because the defendant proves the statement to be true).
Info

Scottsville, KY

#5 Sep 24, 2012
Defamation per se

All states except Arizona, Arkansas, Missouri, and Tennessee recognize that some categories of false statements are so innately harmful that they are considered to be defamatory per se. In the common law tradition, damages for such false statements are presumed and do not have to be proven.

Statements are defamatory per se where they falsely impute to the plaintiff one or more of the following things:

Allegations or imputations "injurious to another in their trade, business, or profession"
Allegations or imputations "of loathsome disease" (historically leprosy and sexually transmitted disease, now also including mental illness)
Allegations or imputations of "unchastity" (usually only in unmarried people and sometimes only in women)
Allegations or imputations of criminal activity (sometimes only crimes of moral turpitude)

Criminal defamation

On the federal level, there are no criminal defamation or insult laws in the United States. However, on the state level, seventeen states and two territories as of 2005 had criminal defamation laws on the books: Colorado (Colorado Revised Statutes,§ 18-13-105), Florida (Florida Statutes,§ 836.01-836.11), Idaho (Idaho Code,§ 18-4801-18-4809), Kansas (Kansas Statute Annotated,§21-6103(a)(1)), Louisiana (Louisiana R.S., 14:47), Michigan (Michigan Compiled Laws,§ 750.370), Minnesota (Minnesota Statutes.§ 609.765), Montana (Montana Code Annotated,§ 13-35-234), New Hampshire (New Hampshire Revised Statute Annotated,§ 644:11), New Mexico (New Mexico Statute Annotated,§30-11-1), North Carolina (North Carolina General Statutes,§ 14-47), North Dakota (North Dakota Century Code,§ 12.1-15-01), Oklahoma (Oklahoma Statutes, tit. 21 §§ 771-781), Utah (Utah Code Annotated,§ 76-9-404), Virginia (Virginia Code Annotated,§ 18.2-417), Washington (Washington Revised Code, 9.58.010 [Repealed in 2009], Wisconsin (Wisconsin Statutes,§ 942.01), Puerto Rico (Puerto Rico Laws, tit. 33,§§ 4101-4104) and Virgin Islands (Virgin Islands Code, Title 14,§ 1172).

Between 1992 and August 2004, 41 criminal defamation cases were brought to court in the United States, among which six defendants were convicted. From 1965 to 2004, 16 cases ended in final conviction, among which nine resulted in jail sentences (average sentence, 173 days). Other criminal cases resulted in fines (average fine, 1700 USD), probation (average of 547 days), community service (on average 120 hours), or writing a letter of apology
Joey

United States

#6 Sep 24, 2012
Move along nothing to see here. There is so much truth who needs slander? If something isn't true it was probably posted by a crack head that doesn't have a pot to piss in. What are you going to sue for?
Courious

Scottsville, KY

#7 Sep 28, 2012
Someone get their feeling hurt? Wanna sue over it? Good luck with that.
PATHETIC

United States

#8 Sep 29, 2012
And your point is?
Look up copyright and plagiarism.
PATHETIC

United States

#9 Sep 29, 2012
For one that knows alot you are really not very smart. You better be careful with that copy and paste function.
dde

Springfield, TN

#10 Oct 7, 2012
explain why
jason

Nashville, TN

#11 Oct 18, 2012
PATHETIC wrote:
And your point is?
Look up copyright and plagiarism.
you need to know the law. you need to read about copyright and plagiarism laws.
PATHETIC

United States

#12 Oct 18, 2012
jason wrote:
<quoted text> you need to know the law. you need to read about copyright and plagiarism laws.
I do know them and know that the material posted here is copyright.
cra

Nashville, TN

#13 Oct 18, 2012
copy right come on come out of a law book jack azz
Info

Scottsville, KY

#14 Oct 18, 2012
It was an obvious copy /paste.
Someone asked for info I obliged.
It is only plagiarism when you try to make money from someones work.
Not information found and freely shared on the web.
The posted info, came from Wiki BTW.

http://en.wikipedia.org/wiki/United_States_de...
PATHETIC

United States

#15 Oct 19, 2012
Info wrote:
It was an obvious copy /paste.
Someone asked for info I obliged.
It is only plagiarism when you try to make money from someones work.
Not information found and freely shared on the web.
The posted info, came from Wiki BTW.
http://en.wikipedia.org/wiki/United_States_de...
Your not even a good liar!

Read at the bottom of the page you copied it from. Copyright material, and it is not free or just at your disposal to copy or re post just because it is on the internet.

http://www.tennesseeinjurylawcenter.com/2010/...

Plagiarism: The practice of taking someone else's work or idea and passing them off as one's own.

Plagiarism has nothing to do with monetary gain from using someone elses work.

Get your crap straight before you decide to chime in.
For someone who claims to know alot you know very little and someone who uses wiki as thier source of legal information is clueless.
Amused

Gainesboro, TN

#16 Oct 19, 2012
Dang, Pathetic. Calm down. It's TOPIX. Also, if you want to get all anal, it's "You're" in that first sentence. That being said, let me refer you to your second to last sentence.
PATHETIC

Statesville, NC

#17 Oct 19, 2012
Amused wrote:
Dang, Pathetic. Calm down. It's TOPIX. Also, if you want to get all anal, it's "You're" in that first sentence. That being said, let me refer you to your second to last sentence.
I am calm, I just enjoy pulling the chains of the ones that hop on here and start blabbing all thier slander BS and try to act so smart. I actually get amusement from all the know it alls (dumb asses) who post here. Now run along and let me have my fun. Since you seem to be an english scholar, "dang" is not a proper english word, just FYI.

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