Re: Libel Suit

Posted by EuterpeThelo (67.73.14.160) on August 07, 2003 at 22:24:31:

In Reply to: Re: Libel Suit posted by John on August 07, 2003 at 21:53:07:

First off, if they sue you first and you have to answer, look into filing in forma pauperis forms to waive your filing fees...if you're really THAT broke it should be easy to complete and income and expense declaration showing that you have nothing left over after your bills.

Regarding the libel itself, I don't know what your facts are, am not an attorney and cannot give you legal advise, but please review the following info:

What are the elements of libel?

1. The statement was published
2. He/She was identified; the libel was "of and concerning" the plaintiff)
3. The statement was defamatory (false and damaging to reputation)
4. He/She was injured
5. The defendant was at fault

Common law defenses against defamation suits

The offending statement is true.
The offending statement is a privileged communication.
The offending statement is fair comment and criticism (opinion).
Neutral reportage has a constitutional basis, but it can be viewed as a type of privilege.

For more in-depth info, including legal definitions of some of the terms used above, take a look at this link and follow all the sublinks:

http://excellent.com.utk.edu/~bowles/defenses.html

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