Charging a plaintiff with a serious crime

Charging that a plaintiff has a loathsome disease

If you can prove any of these things, you should be able to successfully win a defamation case with help from top Maryland defamation of character lawyers.

Internet Defamation

Because the Internet has become such a popular means of communication, a new category of defamation has emerged: Internet defamation. Internet defamation occurs when false and damaging statements are made using the web. Statements could be made on blogs, websites, social media posts, or any other online venue.

The key to a successful Internet defamation claim will involve proving that defamation per se occurred or that actual damage occurred to the defamed victim’s reputation. Since there are numerous false statements on the Internet, this requirement can be a challenge. Our Maryland Internet defamation lawyers can help you gather evidence so you can make a strong case.

Workplace Defamation

Workplace defamation is another injury than can occur when your character is damaged by one of your business associates. Often, the speaker or writer is a disgruntled customer or a co-worker who may make untrue statements or spread gossip nts to promote his or her own career to the disadvantage of the person who is defamed.

Workplace defamation often has direct financial consequences for the victim, and Maryland workplace defamation lawyers can help by taking appropriate action against the person who has spread false statements in the workplace.

Defamation is a false statement that harms the reputation of a Plaintiff, business, or organization. Defamation includes both libel & slander. Libel generally refers to defamatory statements that are written or broadcast more permanent while slander refers to or a defamatory statements more fleeting. While defamation allegations are a common legal problem for media organizations, journalists and documentary filmmakers can reduce the likelihood of a lawsuit by following ethical guidelines such as the PBS Editorial Standards, which stresses the importance of accuracy and fairness.

If a Plaintiff sues me for defamation, what must they prove to win the case?

The laws of each state are different &define defamation in specific ways. In general, a plaintiff who files a lawsuit asserting that a statement you published is defamatory must show that you:

The element of being published the statement, meaning that it was read or viewed by at least one other person besides the plaintiff. Stories broadcast on television or published on the Internet would qualify.

Identification of the Plaintiff can occur by naming the plaintiff or showing the plaintiff’s image through a photo or drawing. Identification also can occur by describing the plaintiff through recognizable descriptive characteristics.

Harming the plaintiff’s reputation includes a statement can be per se defamatory, meaning that the words are defamatory on their face without any further information or context ,such as, assertions of criminal behavior, incompetence on the job, or sexual promiscuity. Sometimes, however, a statement that might appear innocent becomes defamatory when considered in greater context , such as asserting that Jim is dating Sue may be defamatory if Sue is married to someone else. Statements incapable of being proven true or false, known as pure opinion, are not defamatory, such as, Sue is a terrible boss. Rhetorical hyperbole, or statements that cannot reasonably be understood as stating an actual fact, also are not defamatory. Courts carefully evaluate the context of the statement to determine whether it can be proven true or false. Importantly, statements consisting of both personal opinions and verifiable facts can be defamatory ,such as, I think Sue is a terrible boss because she steals money from her employees.

Statements incapable of being proven true or false, known as pure opinion, are not defamatory ,such as, Sue is a terrible boss. Rhetorical hyperbole, or statements that cannot reasonably be understood as stating an actual fact, also are not defamatory. Courts carefully evaluate the context of the statement to determine whether it can be proven true or false. Importantly, statements consisting of both personal opinions and verifiable facts can be defamatory ,such as, I think Sue is a terrible boss because she steals money from her employees.

had at least some level of fault. A plaintiff who is a public official or public figure must prove that you published the statement with actual malice, a higher level of fault, while a plaintiff who is a private individual generally must prove that you acted negligently, a lower level of fault. See below for more information about the fault requirement.

Our

Maryland Defamation Attorneys

How do I know if my subject is a public official?

Although there is no bright, line rule for who qualifies, a public official includes someone who has a position of authority in the government or, someone who holds elective office such as the president, a member of Congress, or a state governor, as well as someone who does not hold elected office but has, or appears to have, substantial responsibility for or control over the conduct of governmental affairs. The UNITED STATES Supreme Court has recognized that plaintiffs classified as public officials must show that the defendant acted with actual malice the highest level of fault in publishing the defamatory statement. See New York Times v. Sullivan, 376 UNITED STATES 254 1964. Who is considered a public figure?

A public figure is someone who, although not a government official, still has power and influence over society. There are 2 types of public figures: all, purpose public figures and limited, purpose public figures.

All, purpose public figures occupy positions of such pervasive power and influence that they are deemed public figures for all purposes. Gertz v. Welch, 418 UNITED STATES 323 1974. Typically, these are individuals with widespread fame, such as celebrities and professional athletes. Like public officials, plaintiffs classified as all, purpose public figures must prove that the defendant acted with actual malice in publishing the defamatory statement.

Limited, purpose public figures have thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved. Gertz v. Welch. These are individuals who have gained prominence in a special field or in connection with a spcial controversy. Plaintiffs classified as limited, purpose public figures must prove actual malice only for defamatory statements that relate to matters in which they are considered public figures.

Businesses also can be classified as public figures. Courts evaluate factors such as whether the business is well, known by the average person in the area where the defamatory statement was circulated; whether the business is regulated by the government; and whether the business has been intensely scrutinized by the media. ________________________________________ Who is considered a private person?

Private persons consist of any individuals who do not qualify as public officials or public figures, as detailed above. The Supreme Court has determined that plaintiffs who are private figures must at least show the defendant acted negligently, a lower standard of fault than actual malice—in publishing the defamatory statement. Gertz v. Welch, 418 UNITED STATES 323 1974. Some

states require private figures to prove more than negligence in cases that involve matters of public interest. Stations are advised to consult with their local counsel about applicable local defamation laws.

________________________________________ How does a public official or public figure prove that I acted with actual malice?

Our

Maryland Defamation Lawyers

In evaluating whether someone acted with reckless disregard for the truth, courts look to the person’s state of mind at the time the statement was published, considering factors such as whether the person had time to investigate the story or needed to publish it quickly and whether the source of the information appeared to be reliable and trustworthy.

________________________________________ How does a private person prove that I acted with negligence?

The negligence standard means that the plaintiff must prove that you failed to exercise reasonable care. An important factor for many courts is whether a reasonable person in a similar situation would have acted in the same way. Following good journalistic practices in researching, writing, filming, and fact, checking a story can greatly reduce the risk of being found negligent.

________________________________________ If I describe a group of people rather than a particular person, can someone still successfully sue for defamation?

Maybe. In some cases, a group may be small enough for individual members to prove that they were identified—but courts have not expressly stated a specific number that qualifies as sufficiently small.

In general, a large group of bankers could not successfully sue for defamation based on the statement that all bankers are thieves. You should be mindful about such statements, however, particularly if there are only a few bankers in the community that is the focus of your story. A sympathetic jury could find that such a statement identifies specific members of that group.

________________________________________ If I publish/broadcast a retraction, will the defamation claim go away?

If your station receives a retraction request for a statement you published or broadcast, this could signal a pending lawsuit, and you should consult with local counsel before admitting liability. If, after careful review, you determine that you have made a factual error and the statement should be retracted, this could limit but not eliminate the station’s liability for defamation. It’s also possible that the retraction will satisfy the person who was threatening to file a lawsuit.

Our

Maryland Defamation Attorneys

________________________________________ What if I report on someone else's potentially defamatory statement? Am I still at risk?

Generally, you are responsible for everything you publish, even when the information comes from a third party. Therefore, you can be found liable for repeating a defamatory statement from a source; even attributing that source will not shield you from a lawsuit.

Courts have held, however, that media organizations are not liable for comments posted by third, party users on their websites, provided that the organizations did not encourage the defamatory comments or materially participate in the creation of the defamatory comments. Screening and lightly editing comments to remove offensive language does not eliminate this immunity. Courts have based these decisions on Section 230 of the Communications Decency Act, which provides: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. See 47 UNITED STATESC. § 230.

Our

Maryland Defamation Lawyers

What if I report on a potentially defamatory statement made in court or in an official government proceeding?

In many states, fairly and accurately reporting on defamatory statements made during an official government proceeding, or in an official government document, will qualify as privileged and protect you from liability. This privilege is frequently known as the fair report privilege also applies to fairly and accurately reporting on statements made during legal proceedings, such as witness testimony at trial and statements made in court by courts & lawyers. The purpose of this privilege is to encourage coverage of matters of public concern without the fear of liability. Because the extent of this privilege changes by state, stations should consult with local lawyers with questions about whether the privilege applies to specific facts.

Some state laws require a plaintiff to give the media organization an chance to retract the allegedly defamatory statement before filing a lawsuit. The retraction generally must be as conspicuous as the original statement. While these laws do not eliminate the plaintiff’s ability to file a lawsuit, they do reduce the amount of damages that the plaintiff can be recovered. In some states, a plaintiff can recover only special damages, such as, those damages related to specific monetary harm such as lost wages caused by the defamatory statement, as contrasted to punitive damages or general damages for injuries that are difficult to estimate, like pain & suffering.

In many states, fairly and accurately reporting on defamatory statements made during an official government proceeding, or in an official government document, will qualify as privileged and protect you from liability. This privilege is frequently known as the fair report privilege also applies to fairly and accurately reporting on statements made during legal proceedings, such as witness testimony at trial and statements made in court by courts & lawyers. The purpose of this privilege is to encourage coverage of matters of public concern without the fear of liability. Because the extent of this privilege changes by state, stations should consult with local lawyers with questions about whether the privilege applies to specific facts.

Legal Remedies for Defamation

Once our lawyers firm have proven established that defamation has taken place, there are two avenues of relief for a victim.

If the defamation has occurred in the past, you may be entitled to compensatory relief in the form of a monetary award. If the defamation is currently happening, we can seek an injunction to compel an end to the injurious statements. An injunction is a court order requiring that the defamer stop speaking HARM TO BUSINESS

A false assertion of fact about a business will only be considered to be defamatory if the statement is about efficiency, business credit, financial soundness, reputation, property, or ethics. If this is the case, the statement may prejudice the business in its affairs by deterring third persons from dealing or working with the business. Moreover, if the statement is a false assertion of fact concerning a product, the proper cause of action is not for defamation but rather for injurious falsehood. In addition, words written or spoken about a particular employee, owner, or officer, of a business are not defamatory against the business itself unless the statement directly relates to the business affairs or trade. If the statement relates only to the individual’s person, only that particular individual has standing to allege defamation.

FALSE ABOUT OUR LAW FIRM We are not only very aggressive at seeking justice for our clients who are defamed, we also vigorously defend those who have been falsely accused of defamation.

WHAT IS DEFAMATION?

Everyone has a right for their reputation to be free from damage by false statements that were made. Defamation is a publication not protected by any privilege of a false statement of fact that injures another person’s reputation. The law balances interests between protecting an individual’s freedom of speech on the one hand and protecting the personal reputation of another person on the other.

A Maryland defamation lawyer can help..

LIBEL AND SLANDER There is no sharp definition as to what words are defamatory. Some statements may be injurious to some people’s reputations, whereas the same statement may not be injurious to others. Whether a statement qualifies as defamation is determined on a case-by-case basis, and must be evaluated according to what the general public or an average reasonable person would understand the statement to mean.

ELEMENTS OF DEFAMATION The elements for an action of defamation include: a false statement about the plaintiff; publication of the statement to a third party who understands the meaning of the statement; some fault on the part of the defendant such negligence or recklessness as to falsity; and presumed or actual damages suffered by the plaintiff.

. THE PUBLICATION MUST BE READ AS A WHOLE

In determining whether the specific statement is defamatory, the words must not be read out of context; instead, the publication must be read in its entirety. The entire statement, article, statement, piece of literature, or broadcast, must be read. Any alleged defamatory interpretation of a particular statement can be automatically negated by statements immediately preceding or following the statement in question. This caveat includes any explanation that the statement is merely an opinion, not an assertion of fact. Simply, a particular composition must be read in its entirety and not be divided into separate units. This requirement is also applied to chapter titles, headlines, illustrations, and captions.

THE PARTY MUST BE IDENTIFIABLE

It is essential that for the plaintiff to prove that he or she is the person to whom the statement was made. It is not necessary to prove that every individual person who receives the material perceives the statement to be made about the plaintiff, but some of the listeners or readers must understand the statement to be about the plaintiff.

The statement does not need to identify the plaintiff by name. The intention of the author and the recognition of the plaintiff that the statement is about the plaintiff is not required. The legal test is whether a third person recipient would reasonably understand that the statement was written or uttered in reference to the plaintiff. This question of fact must be decided by the jury.

Often, words are used broadly to describe a class or group. The statement is defamatory only if the statement can be reasonably understood to be about every member of the particular group a particular member of the group. The larger the class or group, the more difficult it is to prove the likelihood of the statement being about a single member or every member of the particular group.

FICTIONAL CHARACTERS

An author may use fictional characters which may be widely published. The author is under no duty to prevent the possibility that someone may identify with the fictional characters. However, a disclaimer in a fictional work may be a relevant factor in determining the defamatory nature of the work. The disclaimer is not a determining factor, and the work may still be considered defamatory if other factors are present. Nonetheless, an example of a disclaimer should state that any resemblance of a fictional character to an actual persons is purely coincidental

When a person attempts to show resemblances or similarities of the supposedly fictional character, the test is whether a third party recipient could reasonably believe that the character is a portrayal of the plaintiff. The jury must make a comparison between the plaintiff’s characteristics and that of the fictionalized character.

STATEMENT OF FACT

In order for a statement to be defamatory, it must be a false statement of fact about the plaintiff. Statements of opinion must be distinguished. Statements that do not consist of facts, but rather are merely the views of the defendant, do not qualify as defamation. Defamation can only consist of a false assertion of fact. The First Amendment to the United States Constitution protects freedom of expression. Under the Constitution, Statements of opinion are privileged speech and are not actionable as defamation.

FACT VS. OPINION

Whether or not an alleged defamatory statement is an assertion of fact or an opinion is a question of law to be decided by the Court. If the statement has any tendency to be interpreted as an opinion, the jury must decide whether that meaning was actually attributed to it by the recipient so that the statement was in fact considered to be an opinion.

To determine whether a statement is one of fact or opinion, the Courts have devised various tests.

The Contextual Test, also referred to as Totality of the Circumstances Test considers the following factors in determining whether an alleged statement is constitutionally privileged.

While the First Amendment provides broad protection for speech of all types, the protection is not unlimited.

Some words do more than hurt feelings or cause offense, but may cause actual damage. Damage can happen when messages are communicated with the intent of costing individuals or companies business, money, and their reputations.

When this type of message is communicated, it is considered defamation. Defamation is not protected by the First Amendment, and those who are defamed can file a civil lawsuit to recover compensation for the damage caused by the harmful words or to stop the harmful words from continuing to be spoken.

Maryland defamation lawyers have a long track record of defamation lawsuits and can provide representation to any person or business who was harmed by defamatory statements. Our legal team can help you to fight for compensation for any damage to your reputation.

HARM TO BUSINESS

A false assertion of fact about a business will only be considered to be defamatory if the statement is about efficiency, business credit, financial soundness, reputation, property, or ethics. If this is the case, the statement may prejudice the business in its affairs by deterring third persons from dealing or working with the business. Moreover, if the statement is a false assertion of fact concerning a product, the proper cause of action is not for defamation but rather for injurious falsehood. In addition, words written or spoken about a particular employee, owner, or officer, of a business are not defamatory against the business itself unless the statement directly relates to the business affairs or trade. If the statement relates only to the individual’s person, only that particular individual has standing to allege defamation.

HARM TO BUSINESS

A false assertion of fact about a business will only be considered to be defamatory if the statement is about efficiency, business credit, financial soundness, reputation, property, or ethics. If this is the case, the statement may prejudice the business in its affairs by deterring third persons from dealing or working with the business. Moreover, if the statement is a false assertion of fact concerning a product, the proper cause of action is not for defamation but rather for injurious falsehood. In addition, words written or spoken about a particular employee, owner, or officer, of a business are not defamatory against the business itself unless the statement directly relates to the business affairs or trade. If the statement relates only to the individual’s person, only that particular individual has standing to allege defamation.

What is Defamation?

To win a defamation claim, the plaintiff must show a false statement, that was published, that caused harm, and depending on the particular case fault or malice.

The plaintiff is required to prove that the defamatory statement was false.

The truth is an absolute defense in defamation claims. This is a significant element to take into consideration when considering whether to bring a defamation law suit. If the statement is harmful but true, you will most likely lose.

Opinions typically do not qualify as defamation because they are not false. For exemple, I don’t like s particular person may be a mean statement, but it is presumably a true statement of the speaker’s opinion. This is not defamatory.

The concept of publication means that the disparaging statement was shared. In the mployment context, publication may be internal, or within the company. The speaker does not have to share the defamatory statement with those outside the company.

Harm can be monetary or emotional. It is important that plaintiffs in defamation cases keep thorough documentation of the harm they suffer. For instance, employees sometimes suffer stress-related symptoms like panic attacks or depression after learning of a defamatory statement by their employer. It is the plaintiff’s obligation to justify the damages, which is much easier to do with thorough documentation.

Defamation, libel, and slander are all legal claims that require the same showing. Libel refers to written defamatory statements, while slander refers to spoken defamatory statements. Depending on the jurisdiction, libel and slander may have different statutes of limitations.

What is defamation per se?

Defamation per se is a statement that is so obviously harmful that the plaintiff does not need to prove actual damage. These statements are presumed to be harmful. Defamation per se often arises in the employment context because statements about people’s character for truthfulness i.e., that someone is a liar and statements about people’s ability to carry out their trade or profession i.e., that someone is incompetent qualify.

What are some examples of workplace defamation?

Defamation in the employment area frequently often surrounds a termination. For example, an employer may defame an employee when attempting to justify an illegal termination. An employer may also disparage an employee when contacted by a future employer for a reference check.

The following are some examples that courts have found to be defamatory:

That a City Manager was incompetent

That an engineer was not a competent engineer and was a traitor to the company

That an attorney was a crook, thief, and running a scam

That a loan officer was fired because he lacked regard for customer’s

privacy and bank received a number of customer complaints about him

That a business person had questionable ethics

That a corporate officer was a parasite in the organization

who did nothing, that he was proud, snobbish, and vain, that he was insane in command and unable to assume responsibility and direction of groups

That a school superintendent received kickbacks and engaged in shady dealings

That a former employee misused company funds and falsified invoices

Libel compared to Slander and compared to vs. Defamation.

– What are the Distinctions?

The terms libel, slander, and defamation are frequently confused with each other. They are all similar as Libel & Slander all fall into the same general catagory of law that concerns false statements which harm a person’s reputation. This general area of law is called defamation law. Libel & slander are types of defamatory statements. Libel is a defamatory statement that is written. Slander is a defamatory statement that is oral.

The difference between libel & slander was significant and had real world implications regarding how a case was litigated including the elements that had to be proven and who had the burden of proof.

At early law, libel & slander were analyzed under different sets of standards, with libel recognized as the more serious wrong. The law changed, however, and rejected this split approach in favor of a single set of rules for slander and libel. Libel & slander are now treated alike and the same rules apply to a defamatory statement regardless of whether the statement is written or is oral.

The tort, or civil wrong, of defamation sometimes referred to as defamation of character can be divided into claims involving two different types of statements.

Defamatory per se statements and defamatory per quod statements. Statements that are defamatory per se sometimes referred to generically by courts as libel per se are so obviously and naturally harmful to one’s reputation on their face that proof of injury is not required. Illinois law recognizes five types of statements that are considered defamatory per se as Imputing that a person committed a crime, imputing that a person is infected with a loathsome communicable disease, imputing that a person is unable or lacks the integrity to perform one’s employment duties; Imputing that a person lack ability or otherwise prejudices one in one’s profession, or Imputing that a person has engaged in adultery or sexual acts.

A statement can only be considered defamatory per se if the harmful effect is apparent on the face of the statement itself. If other facts or additional information about the person being defamed is required to understand the harmful effect of the statement, then it cannot be defamatory per se. That is not to say the statement is not defamatory if extrinsic facts are required; it just cannot be defamatory per se.

Defamation law continues to change and evolve. Defamation attorneys must have extensive knowledge of First Amendment and other aspects of defamation law to effectively prosecute claims for businesses, professionals and individuals who have been defamed. The attorneys at Maryland Defamation Lawyer are able to help you in every way. We are knowledgeable regarding the changes and complexities of this changing area of the law. We are committed to fighting for our clients’ rights in the courtroom and at the negotiating table.

If a defamatory statement does not fall into one of the defamatory per se categories or requires extrinsic facts, then it is considered defamatory per quod. Unlike in cases involving defamation per se, defamation per quod claims require the plaintiff to allege and prove special damages also called “special harm” by some courts. The term special damages or special harm is a legal term of art in defamation law that means the loss of something with actual economic or pecuniary value. In other words, a plaintiff alleging defamation per quod must be able to show specifically how the defamation caused a specific, quantifiable loss of money such as the commission from a lost sale or the salary from a lost job.