FYLSX Defamation and Privacy Torts 1 — Questions and Answers
Question 1: What is the primary distinction between libel and slander?
- Libel involves written or fixed-medium statements; slander involves spoken statements (Correct answer)
- Libel is always more serious than slander regardless of circumstances
- Slander requires proof of malice while libel does not
- Libel can only be committed by media organizations
Correct answer: Libel involves written or fixed-medium statements; slander involves spoken statements
Libel is defamation in a written or otherwise fixed, permanent form, while slander is defamation conveyed through transient spoken words.
Question 2: Which element is NOT required to establish a prima facie case of defamation?
- A defamatory statement of fact
- Publication of the statement to at least one third party
- Intent by the defendant to harm the plaintiff's reputation (Correct answer)
- Identification of the plaintiff in the statement
Correct answer: Intent by the defendant to harm the plaintiff's reputation
Defamation does not require intent to harm; private-figure plaintiffs need only show negligence, and the tort can be committed without any purpose to injure.
Question 3: Under New York Times Co. v. Sullivan, a public official suing for defamation must prove:
- That the defendant's statement caused measurable economic harm
- Actual malice—knowledge of falsity or reckless disregard for the truth (Correct answer)
- That the defendant acted negligently in publishing the statement
- That the statement was not protected opinion
Correct answer: Actual malice—knowledge of falsity or reckless disregard for the truth
The Supreme Court held in NYT v. Sullivan that public officials must prove actual malice—that the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.
Question 4: Which of the following is a complete defense to a defamation claim?
- Good faith belief that the statement was true
- Substantial truth of the defamatory statement (Correct answer)
- The plaintiff is a well-known public figure
- The statement was made only to a small number of people
Correct answer: Substantial truth of the defamatory statement
Truth (or substantial truth) is an absolute defense to defamation because a true statement, however harmful to reputation, cannot support a defamation claim.
Question 5: The 'publication' element of defamation is satisfied when:
- The statement appears in a newspaper with wide circulation
- The defamatory statement is communicated to at least one person other than the plaintiff (Correct answer)
- The statement is broadcast on television or radio
- The statement is reduced to writing and signed by the defendant
Correct answer: The defamatory statement is communicated to at least one person other than the plaintiff
Publication requires only that the defamatory statement be communicated to a single third party—it need not reach a mass audience.
Question 6: Which of the following is a classic example of defamation per se?
- Stating that someone has poor taste in clothing
- Falsely accusing someone of committing a crime of moral turpitude (Correct answer)
- Calling someone an incompetent driver in casual conversation
- Expressing a negative opinion about the quality of someone's artwork
Correct answer: Falsely accusing someone of committing a crime of moral turpitude
Falsely accusing someone of a crime involving moral turpitude is one of the traditional categories of defamation per se, allowing recovery of general damages without proof of special damages.
Question 7: Under the Gertz v. Robert Welch standard, a private figure plaintiff suing for defamation on a matter of public concern must prove at minimum:
- Actual malice by the defendant
- Negligence by the defendant in publishing the false statement (Correct answer)
- That the defendant intended to injure the plaintiff
- Special (economic) damages in all cases
Correct answer: Negligence by the defendant in publishing the false statement
Gertz held that states may define the appropriate standard of liability for private-figure plaintiffs but must require at least negligence; strict liability is unconstitutional in this context.
FYLSX Defamation and Privacy Torts 1
What is the primary distinction between libel and slander?