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LSDefine

Simple English definitions for legal terms

defamation

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A quick definition of defamation:

Defamation is when someone says or writes something that hurts another person's reputation. It can be spoken (called slander) or written (called libel). To prove defamation, the person who was hurt must show that the statement was false, that other people heard or read it, that the person who said or wrote it was careless or meant to hurt them, and that they suffered harm because of it. Different states have different laws about defamation, and some statements are considered defamatory no matter what. There are also defenses to defamation, like telling the truth or having a special reason to say something that might otherwise be defamatory.

A more thorough explanation:

Defamation is when someone says or writes something that hurts another person's reputation. It can be either spoken (slander) or written (libel). Each state has its own laws about defamation, and the rules for what counts as defamation and how much someone can be compensated for it can vary.

To prove that someone has defamed them, a person must show four things:

  1. A false statement that is presented as fact
  2. The statement was communicated to someone else
  3. The person who made the statement was at least negligent (meaning they should have known it was false)
  4. The statement caused harm to the person's reputation

For example, if someone writes on social media that a person is a thief, and that statement is not true, it could be considered defamation. If someone tells a group of people that a business owner is dishonest, and that statement is not true, it could also be considered defamation.

Each state has its own laws about what counts as defamation and how much someone can be compensated for it. For example, in New York, a court will look at whether a statement could be considered defamatory. However, many courts will still allow a case to go forward even if the statement is not clearly defamatory, as long as the person who made the statement should have known it was false.

Most states assume that someone who defames another person did it on purpose. However, in some states, the person who was defamed must prove that the person who made the statement was at least negligent (meaning they should have known it was false).

If the person who was defamed is a public official, they must prove that the person who made the statement did it with "actual malice" (meaning they knew it was false or didn't care if it was true or not). This is a higher standard than for other people who were defamed.

There are some defenses to defamation. For example, if the statement is true, it is not considered defamation. If the statement was made during a court proceeding, it is also not considered defamation. However, if the person who made the statement did it with actual malice, they may not be protected by these defenses.

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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