Guide · Tort
Defamation and Reputation: A Comprehensive Guide to Falsity, Fault, Privileges, and Damages
47 U.S.C. § 230
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-10-21
- Topic
- Tort
This guide covers defamation and reputational torts from the elements through trial. Part 1 sets out the five elements and the two that most claims fail on, and Part 2 covers the fault standards and the public figure analysis that determines them. Part 3 covers opinion, provable falsity, substantial truth, and defamation by implication. Part 4 covers defamation per se and the damages architecture that makes reference-call cases viable at all. Part 5 sets out the absolute and qualified privileges, where most claims actually end, and Part 6 covers online statements, platform immunity, and anonymous speakers. Part 7 covers anti-SLAPP procedure and retraction statutes, both of which change the value of a claim before any discovery. Part 8 covers the adjacent torts that are frequently stronger than defamation on the same facts. Parts 9 through 12 cover employer references, limitations and the single publication rule, litigation and damages proof, and insurance and realistic resolution.
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