Defamation

Defamation protects reputation through two torts: libel (written) and slander (spoken). This week covers the prima facie elements, the distinction between defamation per se and per quod, constitutional limitations (New York Times v. Sullivan actual malice standard for public figures), and available defenses including truth and privilege.

Learning Objectives

Identify the prima facie elements of defamation: defamatory statement, of and concerning plaintiff, publication to a third party, damages

Distinguish libel (written/permanent) from slander (oral/transient) and explain the damages consequences

Apply the New York Times v. Sullivan actual malice standard to public figure plaintiffs

Identify defenses: truth, absolute privilege, qualified privilege, opinion

Key Rules

Defamation prima facie: (1) Defamatory statement (tends to harm reputation), (2) of and concerning the plaintiff, (3) publication to at least one third party, (4) fault (negligence for private figures; actual malice for public figures), (5) damages.

Libel per se (written defamation): Damages are presumed — no special damages required. Slander per se: Damages presumed only for (SLID): S-sexual misconduct, L-loathsome disease, I-incompetence in business/profession, D-serious crime.

New York Times v. Sullivan: Public figure plaintiffs must prove ACTUAL MALICE — defendant knew the statement was false or acted with reckless disregard for truth.

Defamation

Overview

Key Concepts

This lesson covers the essential rules, analytical frameworks, and practice applications for Defamation. Each section builds on prior weeks' doctrine and develops skills tested on the California Baby Bar (FYLSX).

Analytical Framework

Apply structured IRAC analysis to every issue: 1. Issue: Identify the legal question raised by the facts 2. Rule: State the governing principle with element breakdown 3. Application: Match specific facts to each element 4. Conclusion: Predict the outcome based on your analysis

Connection to Prior Material

This week builds on and connects to material from previous weeks in Torts. Review prior lessons to identify recurring themes, evolving doctrines, and cumulative analytical skills.

Baby Bar Connection

Torts is one of three Baby Bar subjects. This topic frequently appears in essay questions testing multi-issue analysis and structured reasoning.

Defamation

Learning Objectives

Identify the prima facie elements of defamation: defamatory statement, of and concerning plaintiff, publication to a third party, damages

Distinguish libel (written/permanent) from slander (oral/transient) and explain the damages consequences

Apply the New York Times v. Sullivan actual malice standard to public figure plaintiffs

Identify defenses: truth, absolute privilege, qualified privilege, opinion

Key Rules

New York Times v. Sullivan: Public figure plaintiffs must prove ACTUAL MALICE — defendant knew the statement was false or acted with reckless disregard for truth.

Overview

Defamation

Learning Objectives

Key Rules

Defamation

Overview

Key Concepts

Analytical Framework

Connection to Prior Material

Baby Bar Connection

Cases to Know

Baby Bar Relevance

Defamation

Learning Objectives

Key Rules

Defamation

Overview

Key Concepts

Analytical Framework

Connection to Prior Material

Baby Bar Connection

Cases to Know

Baby Bar Relevance