A plaintiff in a defamation of character case must prove that the defendant made a false and defamatory statement about the plaintiff, made the statement in way that others saw, heard or read it, and that the plaintiff suffered harm as a result of the statement.
When a defamation of character lawsuit is brought by a public figure, the plaintiff must provide that the defendant acted with acted with actual malice or at least was negligent in making the statement.
The First Amendment
It can be difficult to win a defamation of character lawsuit because some defamatory statements are free speech protected by the First Amendment to the U.S. Constitution. It is even more difficult for celebrities to win a case because they have put themselves in a position that involves public scrutiny.
Defendants in a defamation of character case can argue that they should not be held liable for the statement if they can provide that the statement was true or was an opinion that is protected by the First Amendment. Defendants can also argue that the plaintiff suffered no harm to their reputation, that the statement was made about a public figure, or that there was no actual malice or negligence on their part in making the defamatory statement.
Plaintiffs in a defamation of character case can win monetary damages equal to the amount. Punitive damages, which are in excess of the harm to the plaintiff, can also be awarded. These are meant to punish the defendant.
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