Hukumuzuku
JF-Expert Member
- Aug 29, 2008
- 6,687
- 5,035
The difference between defaming a member supported entity such as CCM or JF and defaming its individual members such as Kichuguu or Msekwa for that matter.
And what might be the difference? Mind explaining?
That said, it would be interesting to learn exactly how your pending defamation lawsuit squares up to the following established standards in the US legal system:
Defamation and the First Amendment
Basic requirements of a defamation case
A defamation plaintiff must usually establish the following elements to recover:
· Identification: The plaintiff must show that the publication was "of and concerning" himself or herself.
· Publication: The plaintiff must show that the defamatory statements were disseminated to a third party.
· Defamatory meaning: The plaintiff must establish that the statements in question were defamatory. For example, the language must do more than simply annoy a person or hurt a person's feelings.
· Falsity: The statements must be false; truth is a defense to a defamation claim. Generally, the plaintiff bears the burden of proof of establishing falsity.
· Statements of fact: The statements in question must be objectively verifiable as false statements of fact. In other words, the statements must be provable as false.
· Damages: The false and defamatory statements must cause actual injury or special damages.