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Traditional Rules on Defamation

Traditional Rules on Defamation

Learn about the common law elements necessary to establish defamation, absent First Amendment considerations.


Now, let's talk about defamation. There are two sets of rules regarding defamation claims. The first set of rules consists of the classic, common-law elements of a defamation claim. This video covers the common-law rules. The next video will set forth how the Supreme Court's interpretation of the First Amendment has affected virtually every defamation analysis, and then will synthesize the two sets of rules together.

The basic elements of a classic defamation claim are: (1) The defendant...