Course Description
This course will discuss how to litigate a defamation case, both on the plaintiff and defense side, from A to Z. We will discuss the elements of a defamation claim; how to plead the claim, First Amendment limitations, other common law and statutory defenses, handling cases based on social media, damages and settlement. Defamation cases have been prominent in the news over the past few years. In this course you will receive an up-to-date overview of this dynamic area of law.
Syllabus
- Elements of defamation and evaluating a case
- The First Amendment and the requirement of malice
- Qualified privilege, truth, and other defenses to defamation claims
- Anti-SLAPP laws and defamation
- Per se damages, actual damages, and non-financial settlement scenarios
- Taking defamation cases to trial
- Social media and the Communications Decency Act
- Recent caselaw