Overview
Written by a U.S. Court of Appeals judge who practiced media law at the highest level for more than thirty years and now updated by a constitutional law scholar from the University of Florida—Levin College of Law, Sack on Defamation offers strategic guidance for both plaintiffs’ and defense attorneys, and fully covers the basic elements of a defamation claim, including:
- The types and amounts of damages that can be awarded
- The sometimes confusing treatment of libel per se and slander per se
- Invasion of privacy torts
- The causes of action for injurious falsehood, intentional infliction of emotional distress, negligent misstatement, and more
- Issues of jurisdiction and motion practice
Sack on Defamation pinpoints practical legal issues vital to your clients, helping you understand when “truth” is not a defense • insults and name-calling cross the line into defamation • accurate repeating of another’s statements can be actionable • “public disclosure of private facts” becomes actionable • statements of “opinion” are not protected • and defamatory communications are privileged. It also integrates coverage of Internet and social media issues.
This treatise provides practice insight into how to:
- Persuade courts to dismiss complaints or grant summary judgments and how to resist a motion for either
- Use various kinds of evidence to prove actual malice with “convincing clarity”
- Meet burdens of proof for various claims and win appropriate damages
- Deploy the most effective defenses for different causes of action
- Advise clients on how to disseminate their views without triggering costly lawsuits