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  • Essay / defamation - 1113

    By definition, defamation is the act of harming the morals or reputation of a person through false statements. Defamation cases are only considered attacks if they are worded in a vindictive or malicious manner. The person's name is considered not only a personal right, but also a property right to reputation. Defamation is synonymous with the words slander and slander in legal terms. Defamation is a term that encompasses both libel and slander. Defamation is a term used to describe visual defamation; as in newspaper articles or misleading images. Slander describes a defamation that can be heard, not seen. These are mainly oral statements that tarnish a person's reputation. Defamation is mainly used in political arenas; workplace in business, entertainment and certainly in politics. This goes back to the creation of governments. Different countries have different laws on defamation and its consequences. In pre-Roman times, crimes of libel and slander were punishable by death under the Law of the Twelve Tables. In Roman jurisprudence, torts were treated in a manner similar to modern law. Statements made in public are considered offensive, but those made in private are not. The truth was a sufficient defense. Many libel and slander laws arise from English libel law. The first documented case of libel was tried by the Star Chamber during the reign of James I. American laws regulating slander and libel began before the American Revolution. In one of the most prominent cases, New York publisher John Peter Zenger was accused and put on trial for libel. In 1734, the German immigrant published an article "attacking" Governor Cosby of the colony of New York. His case was won and the lawsuit was dropped. This case showed the opposite side of the spectrum, on how to fight defamatory accusations. Another important case occurred in 1964 in the case of New York Times v. Sullivan. This case established a chair for defamation cases. He said officials could only win a case if they showed actual malice, knew the information was false and recklessly ignored whether it was false or not. In 1974, Gertz v. Robert Welch, Inc., the Supreme Court ruled that the plaintiff could not win if his statements were opinion rather than fact. These cases helped protect the First Amendment of...... middle of paper ...... all claimed they fired him for "good cause", meaning he was found guilty or had pleaded no contest to a felony or been convicted of fraud or embezzlement. The suit seeks damages and a retraction of the company's statements that Orlick was fired for "good cause." The outcome of this case has not yet been published. Another controversial defamation case now involves California Governor Arnold Schwarzenegger. A Hollywood stuntwoman claims she was sexually harassed by Schwarzenegger. She claimed to have been touched during two of the films. When she spoke out against Mr. Schwarzenegger, his campaign team told reporters that she was a criminal with a long criminal record. After that, she filed a defamation suit against him for ruining her reputation in the public eye. The laws on defamation as well as those on privacy issues are among the most..