Information On Libel And Slander

-----Original Message----From: [email protected] [mailto:[email protected]] Sent: Tuesday, July 27, 2004 3:13 PM To: Marianna Radoulova Cc: 'Sonja Jordan' Subject: RE: Information on Libel and Slander Dear Mike, Below, I've included (1) a checklist for an action in defamation, (2) a list of possible actions in libel, and (3) a list of possible actions in slander. I think the first checklist will be helpful to you. Please let me know which scenario in both the libel and slander checklists best fit your situation. I will then try to get more information on those specific scenarios. Regards, Tom Messner

1.

DEFAMATION

§ 4. CHECKLIST--DRAFTING A COMPLAINT, PETITION, OR DECLARATION IN AN ACTION FOR DEFAMATION Checklist of matters, inter alia, that should be alleged in a complaint, petition, or declaration in an action for defamation • Residence and other jurisdictional facts. • Facts laying venue of action, if required. • Making of defamatory statement or matter complained of. [Generally, it is good practice to set forth the defamatory matter verbatim.] • Publication of defamatory statement or matter complained of--that is, that defamatory matter was communicated in one way or another to some third person or persons. [Set forth the time and place of publication, the names of the third person or persons to whom the communication was made, whenever possible (required in some jurisdictions), and the defendant's responsibility for the publication.] • Inducement, where matter complained of is not actionable per se--that is, there should be allegation of facts showing actionable character of defamatory

matter and manner in which it affects plaintiff. [It is unnecessary to do this under some statutes.] • Colloquium--that is, showing that plaintiff was person defamed. • Innuendo, where statement complained of is indirect in its terms and doubtful in its meaning--that is, there must be allegation showing meaning of matter published and its defamatory character and effect, by reference to antecedent matters contained in inducement and colloquium. • Averment that defendant acted maliciously, recklessly, or in bad faith, where alleged libel or slander is actionable only per quod. • Averment that defamatory statement is false. [In many jurisdictions, this is unnecessary where the words set out are defamatory per se; and a direct averment of falsity is not required where such fact appears by necessary implication.] • Good character and reputation of plaintiff, where required. • Actual malice, if plaintiff is public official or employee. • Compliance with statutory conditions precedent to institution of action for defamation, such as filing of bond for costs, or making of demand for retraction. • Averment of general damages resulting from publication complained of. • Averment of special damages, where matter complained of is actionable per quod. [Show that the damages claimed are the natural and proximate consequence of the language used.] • Averment of punitive or exemplary damages. [Not necessary in most jurisdictions, punitive damages being recoverable under a general prayer for relief.] • Request for relief.

2.

WHICH OF THESE IS CLOSEST TO YOUR SITUATION?

b. Libel § 14. Complaint, petition, or declaration--Against publisher of newspaper § 15. Complaint, petition, or declaration--Against publisher of newspaper--Another form § 15.1. Complaint, petition, or declaration--Against publisher of newspaper and author--Another form § 16. Complaint, petition, or declaration--Against publisher of gossip column--By celebrity § 17. Complaint, petition, or declaration--Allegation--Libel--By letter § 18. Complaint, petition, or declaration--Allegation--Libel--By letter-Another

form § 19. Complaint, petition, or declaration--Allegation--Libel--By cartoon § 20. Complaint, petition, or declaration--Allegation--Libel--By picture § 21. Complaint, petition, or declaration--Allegation--Libel--By effigy § 22. Complaint, petition, or declaration--Allegation--Libelous statement in foreign language § 23. Complaint, petition, or declaration--Allegation--Libelous statement in foreign language--Another form § 24. Complaint, petition, or declaration--Allegation--Unfair account of judicial proceedings § 25. Complaint, petition, or declaration--Allegation-Identification--Defendant publisher § 26. Complaint, petition, or declaration--Allegation-Identification--Defendant columnist § 27. Complaint, petition, or declaration--Allegation-Identification--Defendant editor § 28. Complaint, petition, or declaration--Allegation-Identification--Defendant distributor § 29. Complaint, petition, or declaration--Allegation--Actual malice-Falsity of publication § 30. Complaint, petition, or declaration--Allegation--Malice-- Publication not fair or true report of proceeding within qualified privilege § 31. Complaint, petition, or declaration--Allegation--Malice-- Failure of defendant to make reasonable inquiry § 32. Complaint, petition, or declaration--Allegation--Malice-- Reckless and careless publication § 33. Complaint, petition, or declaration--Allegation--Malice-- Reckless disregard for the truth § 34. Complaint, petition, or declaration--Allegation--Demand for retraction made and refused § 35. Complaint, petition, or declaration--Allegation--General damages-Libel by newspaper § 36. Complaint, petition, or declaration--Allegation--Special damages--Loss of employment--Loss of prospects § 37. Complaint, petition, or declaration--Allegation--Punitive damages--Reckless publication by newspaper § 38. Complaint in federal court--Damage to plaintiff's reputation § 39. Complaint in federal court--Against publisher of newspaper § 40. Complaint in federal court--Diversity of citizenship--Libel

3.

WHICH OF THESE IS CLOSEST TO YOUR SITUATION?

c. Slander § 41. Complaint, petition, or declaration--Slanderous words--General form § 42. Complaint, petition, or declaration--False charge against attorney--Defamation by producer of television broadcast § 43. Complaint, petition, or declaration--Allegation--Slander by two persons

§ 44. Complaint, petition, or declaration--Allegation--Slander in foreign language AMJUR PP LIBEL OUT

Quoting Marianna Radoulova <[email protected]>: > Tom, > > Thanks for this and the e-mail of June 24th, it is really helpful. > > First. > > I anxiously wait to read an actual Claim for Slander and libel. I will use > this as a template to attach the facts of my particular claim against > Bulgarian State TV. The claim arises from two half hour TV specials (Talk > shows) on me in December 2003 and January 2004. These were televised > nationally and by satellite into the United States, Canada and Europe. I > have digital video copies of the interviews as evidence and will prepare > transcripts whenever I get money for a translator. > > Generally, the defamations are first spoken by the interviewers; inter alia > a clear anti-Semitic statement at the outset of one interview and persistent > refusals to accept the judicial fact of my having been acquitted of fraud. > The comments are, as you can image, reproductions of earlier slanders and > libels about criminal accusations now judicially proven with my acquittal on > fraud to be untrue. There is an instance of slander, where they "reproduce > headlines" on screen that are untrue, degrading and defamatory. >

> I will not bore you with any further details. Please let me know as soon as > you can on the sample lawsuits. If not possible I will then muddle through > it as best as I can. > > As a future lawyer you will probably find the press this attracts and > response of Bulgaria state TV to be most entertaining. They have publicly > stated that it "is legally impossible for Kapoustin to sue us in a US > Court". I look forward to proving them wrong and to successfully secure a > judgment or a settlement. > > Mike > > P.S. > > There were some questions on the Indiana proceedings and getting the case to > summary trial. Sorry to ask, but in a manner of speaking it is the one > closest to the "alter" and some form of judgment against the State of > Bulgaria. > > NEXT > > QUESTION 1: Can a claim framed in tort and medical/personal injury also > include a separate claim framed in contract within the same complaint? > > > > ANSWER 1: Yes, I believe so. Generally, when filing suit against a party, > you can assert all available claims. Simply allege the claim in the > complaint. > > > > Thank you for this > > > > > > > > QUESTION 2: What procedures do I follow to amend my class action complaint, > so that it is no longer a class action complaint? > > > > ANSWER 2: You probably simply need to file a motion to amend your > complaint. > > > > Is there a particular style of motion?

> > > > QUESTION 3: Could my complaint against the Germans for improper extradition > be converted into a tort claim in the US? > > > > ANSWER 3: I'm not sure. Dr. Kommers may know. But my strong hunch is, > probably not. > > > > I will send you and Dr, Kommers how this idea developed. > > > > QUESTION 4: Can you send me some sample complaints, claims, forms, etc. > > relating to claims in slander and libel for federal court? > > > > ANSWER 4: I will search for these. > > > > I look forward to it. > > > > Mr. Kapoustin, I hope this helps. I will try to soon respond with the > forms, if I can find them. > > > > Regards, > > > > Tom Messner > > > > I does, thank you for everything. Mike > > > > > > > > >

> > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > >

-----Original Message----From: [email protected] [mailto:[email protected]] Sent: Friday, June 25, 2004 7:21 PM To: Marianna Radoulova Cc: Donald Kommers Subject: Information on Libel and Slander

Mr. Kapoustin,

As you requested, here is some information on the issues of slander and libel.

Regards,

Tom Messner

************************************************ SLANDER

AMJUR LIBEL <section> 8 50 Am. Jur. 2d Libel and Slander <section> 8

> > > > American Jurisprudence, Second Edition > > Database updated May 2003 > > > > Libel and Slander > > Robert F. Koets, J.D., Mitchell J. Waldman, J.D. and Joseph E. Conley, > M.F.A., > > J.D., of the National Legal Research Group, Inc. > > I. Civil Liability for Defamation of Persons [<section><section>1-519] > > A. Preliminary Matters [<section><section>1-20] > > 2. Definitions [<section><section>3-11] > > > > Topic Summary; Topic Contents; Parallel References; List of Topics; > Index > > > > > > <section> 8. SLANDER > > > > > > The Restatement [FN54] and some courts [FN55] define slander as the > > > publication of defamatory matter by spoken words, by transitory gestures, or > > > by any form of communication other than those constituting libel. Other > courts > > have defined slander as-> > > > -- an oral communication which tends to injure a plaintiff in his trade or > > > profession, or community standing, or lower him in the estimation of the

> > > community. [FN56] > > -- the oral publication of defamatory matter. [FN57] > > -- the speaking of base or defamatory words which tend to prejudice another > in > > his reputation, office, trade, business, or means of livelihood. [FN58] > > -- the uttering of defamatory words which tend to injure another in his > > > reputation, office, trade, and so on. [FN59] > > -- a defamatory statement orally communicated or published without legal > > > excuse. [FN60] Some states define slander by statute. For example, it is > > > defined as a false and unprivileged publication other than libel. [FN61] > > > > > > CUMULATIVE SUPPLEMENT: > > > > > > Cases: > > > > > > "Slander" is a defamatory statement that is communicated or published to a > > > third person without legal excuse. Marshall v. Mahaffey, 974 S.W.2d 942 > (Tex. > > App. Beaumont 1998). > > > > > >

> > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > >

******************************************************** LIBEL

AMJUR LIBEL <section> 7 50 Am. Jur. 2d Libel and Slander <section> 7

American Jurisprudence, Second Edition Database updated May 2003

Libel and Slander Robert F. Koets, J.D., Mitchell J. Waldman, J.D. and Joseph E. Conley, M.F.A., J.D., of the National Legal Research Group, Inc. I. Civil Liability for Defamation of Persons [<section><section>1-519] A. Preliminary Matters [<section><section>1-20] 2. Definitions [<section><section>3-11]

Topic Summary; Index

Topic Contents;

<section> 7. LIBEL

Parallel References;

List of Topics;

> > > No definition of libel has been formulated that is sufficiently > > > comprehensive to cover all the cases. [FN37] > > > > Under the Restatement, libel consists of the publication of defamatory > > > matter by written or printed words, by its embodiment in physical form, or > by > > any other form of communication that has the potentially harmful qualities > > > characteristic of written or printed words. [FN38] The area of > dissemination, > > the deliberate and premeditated character of its publication, and the > > > persistence of the defamation are factors to be considered in determining > > > whether a publication is a libel rather than a slander. [FN39] > > > > Courts have defined libel as-> > > > -- defamation which springs from publication of written or printed material. > > > [FN40] > > -- malicious defamation expressed in writing. [FN41] > > -- the malicious publication, expressed either in printing or in writing, or > > > by signs and pictures, tending to injure the reputation of another person or > > > to expose that person to public hatred, contempt, or ridicule or to injure > > > that person in the maintenance of the person's business. [FN42]

> > -- a defamation of a person by publication of any false unprivileged writing > > > or statement which tends to expose him to contempt, hatred, ridicule, or > > > obloquy, or which causes him to be avoided or which has a tendency to > deprive > > him of the benefits of public confidence or to injure him in his occupation. > > > [FN43] > > -- a statement of and concerning the plaintiff which is false in some > material > > respect and is communicated to a third person by written or printed words > and > > has a tendency to harm the plaintiff's reputation. [FN44] > > -- a false and unprivileged publication by writing, printing, picture, > effigy, > > or other fixed representation to the eye which exposes any person to hatred, > > > contempt, ridicule, or obloquy or which causes him to be shunned or avoided > or > > which has a tendency to injure him in his occupation. [FN45] > > -- the malicious defamation of a person made public by any printing, > writing, > > sign, picture, representation, or effigy tending to provoke that person to > > > wrath or expose him to public hatred, contempt, or ridicule, or to deprive > him > > of the benefits of public confidence and social intercourse. [FN46] > > -- a false and malicious publication made with the intent to injure a > person's > > reputation or expose him to public hatred, contempt, ridicule, shame, or > >

> disgrace, or to affect him adversely in his trade or profession. [FN47] > > -- a maliciously written or printed publication which tends to blacken a > > > person's reputation or expose him to public hatred, contempt, or ridicule or > > > injure him in his business or profession. [FN48] > > > > Some jurisdictions have defined libel by statute as-> > > > -- a false and unprivileged publication by writing, printing, picture, > effigy, > > or other fixed representation to the eye, which exposes any person to > hatred, > > contempt, ridicule, or obloquy, or which causes him to be shunned or > avoided, > > or which has a tendency to injure him in his occupation. [FN49] > > -- a false and malicious defamation of another, expressed in print or > writing, > > tending to injure the reputation of the person and exposing him to public > > > hatred, contempt, or ridicule, and published to another. [FN50] > > -- a false or malicious unprivileged publication by writing, printing, > > > picture, or effigy or fixed representation. [FN51] > > -- a defamation expressed in written or other graphic form that tends to > > > blacken the memory of the dead or that tends to injure a living person's > > > reputation and thereby expose the person to public hatred, contempt, or > > > ridicule, or financial injury or to impeach any person's honesty, integrity, > > > virtue, or reputation or to publish the natural defects of anyone and

> > > > > > > > > > > > > > > > > > > > > > > > > > >

thereby expose the person to public hatred, ridicule, or financial injury. [FN52]

and

Reminder: Some states no longer recognize a distinction between libel

slander [FN53] and thus do not have separate definitions for libel and slander.