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Defenses to libel that can result in dismissal before trial include the statement being one of opinion rather than fact or being "fair comment and criticism", though neither of these are imperatives on the US constitution. Truth is an absolute defense against defamation in the United States, [1] meaning true statements cannot be defamatory. [2]
Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable, and can extend to concepts that are more abstract than reputation – like dignity ...
In United States defamation law, actual malice is a legal requirement imposed upon public officials or public figures when they file suit for libel (defamatory printed communications). Compared to other individuals who are less well known to the general public, public officials and public figures are held to a higher standard for what they must ...
Most Americans are under the impression that most people can sue for any type of negligence, but it is untrue in most US jurisdictions (partly because negligence is one of the few torts for which ordinary people can and do obtain liability insurance.) [citation needed] It is a form of extracontractual liability that is based upon a failure to ...
[1] [2] The decision held that if a plaintiff in a defamation lawsuit is a public official or candidate for public office, then not only must they prove the normal elements of defamation—publication of a false defamatory statement to a third party—they must also prove that the statement was made with "actual malice", meaning the defendant ...
[5] [11] It was held that libel against a private person could be considered a crime if it could provoke revenge that would threaten a breach of the peace, that libel against the monarch or government could be illegal, even if true, because "it concerns not only the breach of the peace, but also the scandal of government", and that a libel ...
Under the common law of England, Wales and Northern Ireland, a statement was seditious under the common law if it brought into "hatred or contempt" either the King or his heirs, the government and constitution, either House of Parliament, or the administration of justice; or if it incited people to attempt to change any matter of Church or state established by law (except by lawful means); or ...
Food libel laws have also been criticized for their non-traditional placement of the burden of proof on the defendant rather than the plaintiff. In both defamation and trade disparagement legislation, plaintiffs are tasked with proving to the court that the speech in question is false.