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defamation - Coggle Diagram

- - - - RS559 - harm to reputaiton so as to lower p in estaimation of community or deter association with
        
        of and concerning p = p need not be named if recipeints of the communication can reaonslby identify p
        
        publicaiton = statemnt must reach one perosn besides p and d
        
        damages, may be required = ordinarily, gneral damges compensate p for emotional trauam and reputational harm; sometimes, p mst show D caused special damages = economic losses, lost profits / wages, etc.
        
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- - - - defamation can generally only be based on false statemtns of fact - a statment of opinion is absolutely privleged
        
        analysze the totality of the circumstnaces, the language used, verifiability of the statemtn, and context of the communication
        
        absolute and qualified privilege
        
        absolute = protects a speaker even for a nowing falsehood
        
        qualified = operates where there is osme social valueto the communication, such as in the provison of an employment referecne or critiques
- - - - p must show special damages, unless statments is so horrible to reputation to be per se
        
        four categories of per se
        
        call into quesiton p's competence in trade or profiossion
        
        loathseome disease (STD, etc.)
        
        serious criminal behoavior showing moral turpitude; felony
        
        'lack of chasitty fo a woman' serisous sexual immorailty, cna be serios criminal behaviro
        
        1 more item...
- - - - libel per quod = a libel that only becomes defamatory when additioanl facts, not included in the communication, are knwon to th ereader
        
        traditional = all libels are acitonalbel without proff of specialdamages
        
        minority = libel per se v. libel per quod
        
        a statment only libelous by innuendo or in connection with extrinsic evidence is LPQ, and speical damages are reuiqred
        
        LPS si any other libel, no special category required, and no proof of speical damages are required