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  1. #1
    KathiKY1 is offline Junior Member
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    what constitutes slander/libel?

    I've been reading all the posts regarding slander/libel in an effort to understand when a statement qualifies as such. All the responses I've read on this site say the posted complaints don't qualify, but no one seems to have explained when it does.

    I am concluding (based on comments) that a statement has to be presented as fact, rather than impression ("she snorts coke" vs "she looks like a cokehead"). Is this enough? It must not be, because I haven't found a post where a person has a case.

    Can someone please explain what qualifies as slander/libel?
  2. #2
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by KathiKY1
    Can someone please explain what qualifies as slander/libel?
    Yes, when you follow the rules of this forum.
  3. #3
    seniorjudge is offline Senior Member
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    Quote Originally Posted by BelizeBreeze
    Yes, when you follow the rules of this forum.
    She said KY and didn't say nothin' about jelly....
    There are two rules for success:

    (1) Never tell everything you know.
  4. #4
    seniorjudge is offline Senior Member
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    Definitions of defamation on the Web:

    * a false accusation of an offense or a malicious misrepresentation of someone's words or actions
    * aspersion: an abusive attack on a person's character or good name
    wordnet.princeton.edu/perl/webwn

    * In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someone's reputation. "Defamation" is however the generally-used term internationally, and is accordingly used in this article where it is not necessary to distinguish between "libel" and "slander".
    en.wikipedia.org/wiki/Defamation

    * Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the WHP whose facilities were used to distribute the defamatory material.
    [url]www.layerblue.com/company/policies/terms/[/url]

    * That which tends to injure a person's reputation. (See libel and slander.)
    brandonlclark.com/glossary.html

    * That which tends to injure a persons reputation. Libel is published defamation, whereas slander is spoken.
    [url]www.munley.com/legal_glossary_d.html[/url]

    * Libelous or slanderous statements that cause injury to another person.
    [url]www.rainwater.com/glossary/d.html[/url]

    * Written or oral statements made by one person to another, and made public ("published"), which tend to bring the character or reputation of that person into disrepute, or to expose them to unreasonable personal embarrassment. Defamation is called "libel" if it is printed and "slander" if it is oral. Truth is an absolute defense to defamation, and under some circumstances even untruths may be privileged and immune from liability.
    [url]www.iciclesoftware.com/vlh7/VLH7Glossary.html[/url]

    * is the result of an attack on the reputation of a person or organization; it includes attacks on a person's honesty, integrity, or virtue which result in public contempt, ridicule, or financial injury.
    [url]www.hfac.uh.edu/comm/media_libel/libel/definition.html[/url]

    * A communication that lowers the personal or professional reputation of a third party, ridicules them, or leads others to shun and avoid them.
    [url]www.parliament.vic.gov.au/sarc/E-Democracy/Final_Report/Glossary.htm[/url]

    * Injury to a person's character, fame, or reputation by false and malicious statements.
    [url]www.adlergiersch.com/legal.cfm[/url]

    * Any communication that holds a person up to contempt, hatred, ridicule or scorn and lowers the reputation of the individual defamed.
    highered.mcgraw-hill.com/sites/0072492171/student_view0/glossary.html

    * Willful and malicious written (libel) or oral (slander) statement which is false and which damages anotherís reputation.
    www5.aaos.org/oko/vb/online_pubs/professional_liability/glossary.cfm
    There are two rules for success:

    (1) Never tell everything you know.
  5. #5
    seniorjudge is offline Senior Member
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    Definitions of libel on the Web:

    * a false and malicious publication printed for the purpose of defaming a living person
    * print slanderous statements against; "The newspaper was accused of libeling him"
    * the written statement of a plaintiff explaining the cause of action (the defamation) and any relief he seeks
    wordnet.princeton.edu/perl/webwn

    * In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someone's reputation. "Defamation" is however the generally-used term internationally, and is accordingly used in this article where it is not necessary to distinguish between "libel" and "slander".
    en.wikipedia.org/wiki/Libel

    * Defamation of an individual or individuals in a published work, with malice aforethought. In litigation, the falsity of the libelous statements or representations, as well the intention of malice, has to be proved for there to be libel. In addition, financial damages to the parties so libeled must be incurred as a result of the material in question for there to be an assessment of the amount of damages to be awarded to a claimant. ...
    [url]www.brochure-design.com/brochure-design-publishing-terms.html[/url]

    * Published words or pictures that falsely and maliciously defame a person. Libel is published defamation; slander is spoken.
    courts.delaware.gov/How%20To/court%20proceedings/

    * Written defamation that causes injury to another person.
    [url]www.rainwater.com/glossary/l.html[/url]

    * Libel is written defamation; untrue words written down as opposed to said aloud.
    [url]www.iciclesoftware.com/vlh7/VLH7Glossary.html[/url]

    * Arnold, FO The Law of damages and compensation. 1913.
    [url]www.bartleby.com/224/0400.html[/url]

    * maliciously damaging someone's reputation in print, as in: When the book came out, the author was sued for libel by three different people.
    [url]www.business-words.com/dictionary/L.html[/url]

    * use of print or pictures to harm someone's reputation. Until 1964, a person could prove that they had been libeled simply by showing that the statements in question were incorrect. In 1964, the Supreme Court decided that public officials had to prove that the statements in question were made with "actual malice"-for the purpose of harming the person's reputation. As a result of the Supreme Court case, Time, Inc. v. ...
    [url]www.historycentral.com/Civics/L.html[/url]

    * Any written or printed matter tending to injure a person's reputation unjustly.
    [url]www.oneilandco.com/insurnce/trmnolgy.htm[/url]

    * tones down dangerous statements.
    [url]www.afnews.af.mil/products/primer/tipsd9.htm[/url]

    * Any false or malicious written or printed statement that publicly ridicules someone or damages their reputation.
    [url]www.usaaedfoundation.org/insurance/ins_home_glossary.asp[/url]

    * Defamation by writing such as in a newspaper or a letter.
    [url]www.canadianlawsite.com/Dictionary_L.htm[/url]

    * Malicious publication of a defamation of a person by printing, writing, signs, or pictures, for the purposes of injuring the reputation and good name of such person.
    [url]www.crfonline.org/orc/glossary/l.html[/url]

    * Written and published or broadcast statement, which damages someoneís character (in a permanent form).
    [url]www.booksites.net/download/chadwickbeech/Glossary.htm[/url]

    * Publication of defamatory information. Most General Liability policies cover libel.
    [url]www.insurancepoliciesonline.com/resourcecenter/glossary.htm[/url]

    * A tort of defamation through published writings or pictures that are critical of the plaintiff. Compare with Slander.
    [url]www.iejs.com/glossary/Glossary_L.htm[/url]

    * Published or broadcast communication that lowers the reputation of an individual by holding him or her up to contempt, ridicule or scorn.
    highered.mcgraw-hill.com/sites/0072492171/student_view0/glossary.html

    * Defamation of personís reputation or character by any type of publication, including pictures or written word.
    www5.aaos.org/oko/vb/online_pubs/professional_liability/glossary.cfm

    * A statement of a criminal charge.
    hjem.get2net.dk/safsaf/glossary.html

    * written defamatory statements about another.
    [url]www.patrons.com/html/body_glossary.html[/url]

    * Libel' is the common term for 'defamation'. Defamation is the deliberate writing (libel) or speaking (slander) of untrue information about a person or corporation. Where the spreading of defamatory speech or material causes material damage to those it relates to they may seek legal redress for the damage caused. Libel, and how it is created and prosecuted, is a complex area of law. For the average person it is very difficult to prosecute. ...
    [url]www.fraw.org.uk/library/005/gn-irt/glossary.html[/url]
    There are two rules for success:

    (1) Never tell everything you know.
  6. #6
    seniorjudge is offline Senior Member
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    Definitions of slander on the Web:

    * words falsely spoken that damage the reputation of another
    * aspersion: an abusive attack on a person's character or good name
    * defame: charge falsely or with malicious intent; attack the good name and reputation of someone; "The journalists have defamed me!" "The article in the paper sullied my reputation"
    wordnet.princeton.edu/perl/webwn

    * In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someone's reputation. "Defamation" is however the generally-used term internationally, and is accordingly used in this article where it is not necessary to distinguish between "libel" and "slander".
    en.wikipedia.org/wiki/Slander

    * Verbal or spoken defamation.
    [url]www.canadianlawsite.com/Dictionary_S.htm[/url]

    * The oral utterance or spreading of a falsehood harmful to another's reputation.
    [url]www.oneilandco.com/insurnce/trmnolgy.htm[/url]

    * Slander is oral defamation, untrue words said aloud as opposed to written down.
    [url]www.iciclesoftware.com/vlh7/VLH7Glossary.html[/url]

    * is a separate charge from libel; it is a false and unprivileged verbal statement which does not originate in print.
    [url]www.hfac.uh.edu/comm/media_libel/libel/definition.html[/url]

    * False and defamatory spoken words tending to harm anotherís reputation, business, or means of livelihood. Slander is spoken defamation; libel is published.
    courts.delaware.gov/How%20To/court%20proceedings/

    * the use of spoken words to harm someone's reputation.
    [url]www.historycentral.com/Civics/S.html[/url]

    * Anything spoken about an individual that is false and malicious that ridicules them or damages their reputation.
    [url]www.usaaedfoundation.org/insurance/ins_home_glossary.asp[/url]

    * Untrue spoken statement which damages someoneís character.
    [url]www.booksites.net/download/chadwickbeech/Glossary.htm[/url]

    * Oral defamation by speaking or uttering false and malicious words in the presence of a person, other than the person slandered, which prejudices another personís reputation and character.
    www5.aaos.org/oko/vb/online_pubs/professional_liability/glossary.cfm

    * Oral defamation of the reputation or character of a person, which could be the basis for a lawsuit.
    [url]www.peakagents.ca/glossary/s14.htm[/url]
    There are two rules for success:

    (1) Never tell everything you know.
  7. #7
    KathiKY1 is offline Junior Member
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    I apologize if I somehow broke the rules of this forum. I thought by choosing the right topic and stating my question, I was acting respectfully. As for the KY jelly comment, I don't find that the least bit funny (heh, heh).

    A appreciate all of your responses, but I had already found the definitions on the web. My confusion is in applying the responses in this forum to the definitions on the web. Obviously the court's definition doesn't agree with Webster, etc.

    For example, when one person said another person made the statement "she does drugs" it was not seen as slander. In another case, a person said a boss threatened to say bad things to prevent hiring. This too, was not considered slander. In yet another case, a mgr was accused in public of stealing. This was not seen as slander, but rather investigation. So what would it take to make these cases slander... If the mgr had said "I think he's stealing" would that be enough?

    Also, the responses said damages would have to me measurable, yet the web definitions say unreasonable embarrassment, etc. Being accused in public isn't embarrassing? Being accused of doing cocaine isn't damaging?

    This is my confusion.
  8. #8
    BelizeBreeze is offline Senior Member
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    And what grade do you expect for this homeword assignment?
  9. #9
    seniorjudge is offline Senior Member
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    Quote Originally Posted by KathiKY1
    ...As for the KY jelly comment, I don't find that the least bit funny (heh, heh). ....

    It's not supposed to be funny...it's supposed to be slick.
    There are two rules for success:

    (1) Never tell everything you know.
  10. #10
    KathiKY1 is offline Junior Member
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    No homework. I have a creative writing degree. Can't promise this won't make one of my novels some day though. Just interested. Came from a line of attorneys several generations ago... does that count?
  11. #11
    seniorjudge is offline Senior Member
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    Quote Originally Posted by KathiKY1
    No homework. I have a creative writing degree. Can't promise this won't make one of my novels some day though. Just interested. Came from a line of attorneys several generations ago... does that count?
    Most lawyers are familiar with KY jelly.
    There are two rules for success:

    (1) Never tell everything you know.
  12. #12
    vollbree is offline Junior Member
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    I find this fourm so insulting to the law.
    For instance with my case and whats going on in my lawsuit its a "textbook perfect case" according to several lawyers and a judge that I am very well aquainted with... but according to the people on here, it's nothing at all.

    Hmmm.
  13. #13
    Quaere is offline Member
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    KathiKY1,

    A lot of the free advice here comes from the advisorís idea of what the poster should do, rather than from their knowledge of what the poster CAN do.

    There is no accounting for why anyone answers at all if he/she is not willing to take the time to give a thorough and responsible answer to the question that was actually asked, but it happens all the time. Thatís why the advice here is free...you get exactly what you pay for.

    There are some extremely responsible and thoughtful advisorís here, but only a small percentage of responses come from those types of people. If a subject interests you the best thing you can do is take the responses you read here and use the information as a guide to help you know where to begin your own research.
    Last edited by Quaere; 12-03-2005 at 06:30 AM.
  14. #14
    KathiKY1 is offline Junior Member
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    Although I'm enjoying all the chit chat, I still haven't been given any examples of when actions ARE slander. Is my question being dodged for a reason? I'd really like to understand or I wouldn't have asked.
  15. #15
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by KathiKY1
    Although I'm enjoying all the chit chat, I still haven't been given any examples of when actions ARE slander. Is my question being dodged for a reason? I'd really like to understand or I wouldn't have asked.
    And you know why? Because although the definition of slander and libel are easy to publish, the SITUATIONS to which they apply are as varied as there are situations.

    There is no way for us to cover every eventuality possible that could result in slander and/or libel without knowing the exact situation, the parties involved, their participation in the events and the intent of all parties.

    ANd THAT is why we don't do homework.

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