This lesson examines remedial options in defamation litigation. Included within the scope of this lesson are the remedies of injunctions and damages. These remedies are examined from both a common law and constitutional perspective. This lesson is designed for students who have studied this material in class and wish to refine and develop their knowledge.
On completion of the lesson, the student will be able to:
1. Define libel and slander.
2. List the allegations that would result in a finding of slander per se under common law.
3. Analyze the remedies available to plaintiffs in defamation actions.
4. Explain how a public official or a public figure requires the plaintiff to prove that the defendant acted with "actual malice" in publishing the defamatory statements.
5. Analyze the importance of the 1964 Supreme Court case New York Times Co. v. Sullivan.
6. Discuss the standard of proof for private defamation plaintiffs.
7. Apply the rules of the three Supreme Court decisions, New York Times, Gertz, and Dun.