The answer appears to be yes. In a recent unpublished passage of a published decision, the Court of Appeals wrote the following: In the case of a broadcast, we are required to consider: the impact of visual effects (White v. Fraternal Order of Police (D.C. Cir. 1990) 909 F.2d 62 512, 526; Southern Air Transport, Inc. v. American Broadcasting (D.C. Cir. 1989) 877 … [Read more...] about Can Courts Consider The Impact of Images And Sounds In The Defamation Context?
Damages
Special Damages Must Be Specifically Alleged
Today's point is an obvious but important one: Special damages must be specifically alleged in a defamation complaint. Let me give you two examples to show you what I mean: One where the court said the pleading was sufficient, and one where the court said it was not. In one case plaintiff alleged that because of defendant's publication of the libel, he lost his job with a … [Read more...] about Special Damages Must Be Specifically Alleged
Demand A Correction Now!
You must demand a correction now. Let me tell you why. California law limits the amount of damages a defamed party can sue for in certain circumstances depending on whether they have first demanded a correction. If a defamatory statement is made on a radio broadcast and/or published in a newspaper, you must demand a correction (of the radio broadcaster or newspaper … [Read more...] about Demand A Correction Now!
The 3 Different Types Of Damages in Defamation Cases
A California court may award three kinds of damages to an aggrieved party in a defamation case. What are damages? Damages are monetary compensation for loss or injury to a person or property. In defamation cases, a court is attempting to measure the plaintiff's loss of reputation as a result of the alleged defamatory statement or statements. … [Read more...] about The 3 Different Types Of Damages in Defamation Cases