Elements Required In Order to Bring Defamation of Character Law Suit?

I was wondering if anyone could clear up this question I had. It has always been my belief that in order to file any type a suit involving slander and defamation of character the plaintiff must show malice and intent, is this true for all cases?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by psycho8160:
I was wondering if anyone could clear up this question I had. It has always been my belief that in order to file any type a suit involving slander and defamation of character the plaintiff must show malice and intent, is this true for all cases?<HR></BLOCKQUOTE>

My response:

The following may or may not be the law in your state, so you should check with a lawyer for specifics. The law of defamation of character (libel and slander) in California is, in part, as follows:

Defamation consists of false and unprivileged written, oral or recorded publications which expose the defamed person to hatred, contempt, ridicule or obloquy or cause the person to be shunned or avoided or injured in his or her occupation . . . tend[ing] to injure the person in his or her business or profession, or otherwise cause actual damage. It is my opinion, that if your fact situation is accurate, the statements and actions as you allege in this case, fall within the above definitions.

It is axiomatic that for defamatory matter to be actionable, it must be communicated, or "published," intentionally or negligently, to "one other than the person defamed." (Prosser & Keeton on Torts (5th ed. 1984) § 113, pp. 797-798.)

IAAL

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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

The following may or may not be the law in your state, so you should check with a lawyer for specifics. The law of defamation of character (libel and slander) in California is, in part, as follows:

Defamation consists of false and unprivileged written, oral or recorded publications which expose the defamed person to hatred, contempt, ridicule or obloquy or cause the person to be shunned or avoided or injured in his or her occupation . . . tend[ing] to injure the person in his or her business or profession, or otherwise cause actual damage. It is my opinion, that if your fact situation is accurate, the statements and actions as you allege in this case, fall within the above definitions.

It is axiomatic that for defamatory matter to be actionable, it must be communicated, or "published," intentionally or negligently, to "one other than the person defamed." (Prosser & Keeton on Torts (5th ed. 1984) § 113, pp. 797-798.)

IAAL

<HR></BLOCKQUOTE>

I see... soo the things that were being said against another person on this board could possibly fall into this guidelines.. very informative..

My response:

Well, the defamed and the defaming persons would have to know each other by name, and others would need to know how to identify them. Since we all use pseudonyms, it would be impossible, for example, for you to defame me in my business, TxBlu.

So, my cause of action would fail against you because I can't identify you, nor you me.

You could not defame me, for example, by saying completely off the wall remarks because anything you say here is Freedom of Speech (subject to the rules), and would never carry over into my business.

What I say to you TxBlu, or what you say to me, has no weight under the law due to yours, and my, anonymity.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."