Defamation
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- Опубликовано: 6 мар 2018
- Defamation is a tort that can be brought when someone lies, causing harm to reputation. Learn the five elements to the tort, and some constraints by the U.S. Constitution.
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Today I want to discuss Defamation. Defamation is a false statement published to a third party, by the actor, of and concerning the plaintiff, tending to cause damage to the plaintiff’s reputation. After I go through all five elements, I will quickly explain how Defamation has been changed by the U.S. Constitution.
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Kind of sad that defamation is being used as a weapon more often than we think.
Yeah, it seems almost everyday. I confronted some nieghbors about defamation, and right in front of my eyes, they started trying to lie about me again.... Good thing I recorded the whole thing knowing we could end up in court with how bad this is getting.
Especially if your Australian
@@Thisisthegreatestatofalltime Especially if you're a black man.
And being a woman in that case makes it sharper
Why is it sad? If “x” is making false statements against “y” person, it could impact “y” persons reputation, career, education, income, mental health and personal life and it can get to a point where families are broken due to false allegations. So to use defamation in a legit situation is a power weapon and definitely warranted.
Not gonna lie, I just love how trust-worthy and good this dude looks! He's like the completionist if he went into law and not youtube.
There are dishonest people in every profession. Law not any other discipline creates good character. I can only vouch based on my experience, but the lawyers I know are honest. Sorry you found some bad apples.
Congratulations! T-series defacation still not defamation
Actually it is
Watch "bitch lasagna" at the end
"You got a population of 1.23 billion, but most of your video cant hit even a million "
" SUB BOT! "
Everyone is gangstar until they meet an actual lawyer
Thanks for giving examples after the elements.
This was just what I needed to hear. Thanks for being a good citizen and sharing your knowledge. Even after moving on with my life, I am having a hard time with people harassing me in public due to defamation. So I due that you because I'd like to ask for my property back.
ive always were so confused abt this topic, thnk you for explaining it thoroughly
I actually learned a lot from this video. Thank you!
If John and Hank Green can read this and ever decide to make Crash Course: Legal Studies (or Law or whatever; you get my point), get THIS GUY to host!
Difficult concepts like this are made so clear and simple!
I also love the valuable tips for law students.
Thank you for explaining this.
Hello! My stepmom abused me physically, mentally, and emotionally when I was younger! She lied to our church and everyone saying she did nothing of the sort :( my dad’s reputation was ruined because of her. She told a lot of lies to everyone ! I wanna sue her but idk how and idk what to sue her for ! But for sure defamation sounds like one . I will continue to do research
Or did you just troll the comment section actually committing defamation for a video talking about defamation?
Saying that rumors about yourself being abusive aren't true doesn't sound like defamation to me.
Really nice, succinct explanation.
Been dealing with a defamation conspiracy case for coming up on SIX YEARS here in Colorado. Five defendants in this one. The hate goes back 9 years with one defendant. We tried taking the "high road" and it was a huge mistake. Even one Homeland Security agent in Oct '17 told me I should just find a new job - as the internet is "exponentially bad and you're only one person."
Attorneys are sneaky animals - and I think I need to do something more creative than count on courts and attorneys to feel good about finishing up with one defendant. The settlement offer was pissy small, given what she did - I refused it. I also have made the same stand since 2018 (when we filed the case) that I would NEVER settle with any deal that includes confidentiality that would cover what they have done to me.
There is more to life than money - and this one has robbed me of plenty. The newest blow was just recently - her attorney has now threatened to call my attorney as a witness - which creates a conflict of interest so my attorney would be forced to withdraw from the case.
I understood the lesson loud and clear I was even taking notes...
That was explained very well, thank you!
Glad I could help.
It's very good! I love it! Thank you so much!!
Thank you for providing such great examples on this in a clear and concise manner.
Thank you very much
Love from Sierra Leone
Remember of this word.. People try to pretend all round, fearful act. thank you for the speech.
Thank you so much for your video!
How about slander? What do you do when someone accuses you of sending an inappropriate text message (their opinion), and then because of that opinion, children are removed from your home?
Came from pewdiepie
Arya Prakhar same
Did RUclips recommend my video?
Learn Law Better no but If we keep coming here then youtube will eventually recommend it to people
Same, just had to double check the meaning real quick
Glad I could help.
Still not defamation
anyone else came here because of pewds new song?
Thank you for video help me out alot with torts laws
That’s great-glad I could help.
you explain things good thank you. i have a question you might not get everyday, lets say somebody worries all the time or worries to much, can that make it difficult for them to decide that maybe defamation or libel did not even happen? thanks
Thank you sir
Very interesting to know.....
I think that pewds has unintentionally helped this vid
If someone says I quit my job, when I didn't where I have not been able to get a new job. Someone calls me about getting medicine I don't need. I was called a man, when I am a woman. I was called LGBTQIA, when I am not. Someone said watch out for your husbands, when I am completely abstinent, don't drink, don't smoke, don't do drugs, don't have a gun, and stopped to write this message, when I am mopping the floor. I have not actually stopped working. I help my Mother and son, and other people have seen me
Thank you
Anyone else here to learn these things because of the heard vs depp trial
yepppppppppp
Thank you. Good intention. Good info.
Please put up a companion website. On the companion website, put up the text from this video and such videos.
There are some people who like to read it. In reading, one can reread, go back and forth on segments of the phrases, connect segments to other segments.
In audio, this is difficult to do. Thanks.
I have done a bit of this on my website learnlawbetter.com/law-school-tips/ Thanks for watching.
@@Learnlawbetter can i sue a company for promicing to do something in which i can prove for example youtube promiced to keep all of my data and account information saved but then it all disapeard i havnt deleted them and it isn't my fault i tried to fix them reach out to them speak to there manager and many more but still no use?
It is really detrimental to someone's wellbeing. Not stating your name specifically is the loophole.
my buddy spent a few months in prison because an ex girlfriend accused him of rape because he broke up with her. He was deemed guilty by a female jury despite him having alibies and her having no evidence beside her word and saying he drugged her. after a few months she openly admitted to lying and even bragging on social media that she got him arrested because he broke up with her. he was released and she was only hit with community service.
Wow she should have to do community service cleaning up garbage at a garbage dump and not be allowed to be free until she cleans up all the garbage at the garbage dump.😂😂😂
Great video! In line with your example of the cop and the criminal, would psychics be seen as being right minded members of society?
That is a fascinating question. Normally, those who are not right minded would include groups like criminals. But accusing a psychic of being a fraud is an interesting question. Not sure if they could maintain a defamation action.
my brother tried defamation when he alleged financial abuse by me in which the court could not prove but had the same negative result -
Next year I will be suing Marple Police, CID Delaware County, PA State Police, and the FBI for $1 for defamation of character, unlawful invasion of privacy, and emotional distress. All civil and punitive damages will be awarded to the South Florida Wildlife Center Bird Sanctuary in Miami, Florida. Congratulations on the $50,000,001 Sherri and God bless you!
Awesome idea! Did you win?
@@SidewaysY Yes. I'm from the future. Several months from now the corrupt US Government was successfully sued and all money went to charity and was accounted for. Furthermore the 302 and 303 were expunged and there was an ICAC injunction shutting this charade down. This happened after a false arrest, shot of truth serum, a polygraph and a week in the hospital where I was released without charges.
@@ericwilson6994 I thought it said two years ago- but I smiled at the future. :-)
@@SidewaysY I'm 9 upside down inside out and one minute ahead of time. d m I. MI6 overt ops.
So, I’m filing in federal court by myself. Me vs two defendants - the company and the DOT certified medical examiner they company hired to do the DOT physical examinations of the job applicants (commercial truck drivers). Hoping they settle once they realize Eastern VA is the Rocket Docket.
Let me know how it goes. I'm here in chesterfield,Va.
Hi if defimation of character causes loss of income how does one go about it? if there is an email sent out and have the proof?
Thats why the founding fathers laid down some guidelines called the civil rights and declaration of independence.
Came beacuse of pewdipie's new vid
Didn't know what defamation was, so thanks!
Okay I have a question about this video. Somebody in my neighborhood accused me of stealing mail from somebody's mailbox which I did not do. They made a defamatory statement to the police and I want to know what procedure do I need to take to review the evidence that they have and who made the statement? I don't get along very well with my neighbors do too many issues in the past. I did not do what they accused me of and the police dropped the investigation in the case itself. This is where I need to know if I need a lawyer to step in to get that evidence or if I can just go to the police station and get it myself? The police came to my house, I am disabled have had three strokes and have limited use of my left side. They knocked on my door once and our dog barked and it took me 3 minutes to get downstairs to the door where they were not. The dog was barking at the back door where I noticed when I opened it that two police officers were entering my father's open garage door. Definitely a Fourth Amendment right breakage right there. They claimed it wasn't but I have read the Fourth Amendment and they just can't go wandering and somewhere because the door is open and the garage is approximately 500 feet downhill behind of our house. It cannot even be seen from the street. No lights on dark is anything. They kept accusing me over and over and I told them currently my car wasn't even working which was the honest truth because I had a overheating issue and the car couldn't go more than a minute running without almost maxing out the temperature gauge. My father spent almost $1,000 fixing it. It was two very big police officers and I am a very small woman and I felt very intimidated by them but I stood my ground and I told them that I had not been down to that house nor did I take anybody's mail. For God's sakes I get enough mail as it is why would I want somebody else's? Now the tricky part comes in because my parents used to own this house so when they owned it for 5 plus years fixing it up I was down there quite a bit but when the people bought it I never went back. On top of this now all the police could say was somebody with red hair was what they saw and that they had pictures of me in my car in the driveway. Honestly I don't see what business it is of anybody's if I'm sitting in my car trying to see if it will start or work. The car had not even moved in three days prior to this. I barely made it home. The part that really gets me is that a month later my neighbor started yelling at me out of her window because she called Comcast and had accused our family of cutting there Comcast cable when we don't have Comcast we have FiOS. Two different systems and two different boxes. All I was doing was asking the technician in front of her house not even on her rented property if he could take a Comcast box back for me that we found underneath the bright house from years ago. It had nothing to do with her but it was the only time that I could catch the guy because he was pretty fast and what he was doing. She then comes out and starts talking about this is why you have issues with all your neighbors. I have issues with two neighbors and that's it and that's her and the other person on the other side of us. Both of them commit zoning violations on the regular. Yes I do call and report them because that is what you are supposed to do. It's called Community enhancement. Now I'm not saying squeaky clean as I do have one felony on my record from over 15 years ago and did no jail time for it. It was a non-violent offense and I paid my dues for this and got all of my rights restored. I even have a plus 8 on my driving record. So my question is how do I get with the police have on record even if they drop the case because I feel like this was done out of retaliation. The guy who bought the house actually stole my cane after I had my first stroke. Opened up the box played with it and broke it and I had to Facebook him to make him bring it back. Of course the company sent me another one but it's the point that what he did was a felony plain and simple. Yet I'm the type of person who can forgive somebody but that only goes but so far. The second time was when he stole and opened up a package and my mother's name that was her birthday gift of chocolate covered strawberries that got mistakenly sent there. Covid or not you don't open somebody else's mail. I I'm so frustrated right now I don't know what to do. The police were very intimidating and made it seem like they had all this evidence that pointed directly at me and that I just better give myself up. That was pretty much word for word with the cop said to me. He gave me his card and I told him to leave. I did not say anything that day about them going into an Open Door building that they had no right to go into. No search warrant no Justified cause that I would be in a dark cold garage. This garage is almost as big as a house. So I am really at the point where I feel like I need a lawyer file for defamation. This is the complete story. I live in Chesterfield Virginia. I want to know how do I get this supposed evidence that they have? And how do I find out who made the complaint? That is my biggest question. I know I have a very strong case and I really need some help with this.
Hello Beau Baez!
Is there any ground for defamation law suit in the case that a colleague at work commented on a private group with many members of the same workplace that one or various colleagues hired from outsourcing didn't posses certifications required to work there (though true), yet had only assumptions and used impolite language such us "invadors"?
How long is the statute of limitations?
If I live in a different state than the person I intend to sue which state do I have to began his journey through?
Illinois. So I can counter sue for defamation when I've been served papers for an ordinance violation?
My issue is i work in a kitchen as a dishwasher my boss has accussed me of throwing out dishes. I have mentioned 3 times we need cameras and they said no. The other thing is we had a guy who stole wich my boss knew and has said publicly to other kitchen staff it was me . I called a integrity line twice. Do you think i have a case?
Still not defamation 👊
What if you hear that someone else that a person wanted to commit a crime (fraud) and advise that person he told advises company that they worked for. Would that be subject to defamation.
I like 👍 his introduction
So if someone is accused of murder and has been in jail since june of 2022, and now the state may drop it before trial. Whats that ?
What about when it crosses state line? I had people basically force me out of the state (lost apartments, jobs) and now they followed me to another state and are giving me trouble again. But not directly. People watching me parking outside my house, calling my work to check if I'm there. Now there is someone who jot a job at my work who IMMEDIATELY started claims of sexual, racial, and threatening behavior to HR concerning me. All of which is false and a clear extension of what was happening in the town I left, which is only 45mins away, and in another state.
Mr Beau Baez I had questions if person spread your personal business to other people can I sue them for repeater rule libel if it goes viral for malicious attack like karma
Yes!!! 🙏🏼🙏🏼🙏🏼
"if a statement from a medical malpractice lawyer, said about my condition or the treatment I need, turns out to be a 'false premise' or 'deceptive', is this actionable under the laws controlling slander?"
Probably malpractice but not defamation.
So someone posted a picture of me on the Internet on many platforms claiming that I have been 'knick knocking' him. But I clearly haven't since I stood at the door waiting for him to answer, and then I left when he didn't. Anything I can do?
How I can found lawyers for defamation?
i have a question. i recently went for an interview. it went well. she told me they would contact me that afternoon. nothing for over a week. i contacted the recruiter she hadnt heard anything from them. she tried contacting them but no answer. then i got denied even tho my friend got hired in recently and im qualified for the job. so i asked the recruiter why i was denied and asked if i could talk to hr. so hr called me where HR started to slander me and make things up about my character and saying this is why we didnt hire you. i was verbally lied to about myself and verbally attack my character and making things up about myself. is that a defamation?
A Public Adjuster that I hired to work for me scammed me. I left a negative review on what he did, now he’s suing me for defamation. I don’t have the funds to hire an attorney. What can I do?
A local church accused our elderly neighbor of reselling donated clothes at a flea market ( she doesnt).
They even doubled down and banned her.
Us, her neighbors know its not true. Does she have a case?
We want to defend her.
Supper Talk
all video is helping me
Any contract law videos pls??? Love your series.
Always have proof and witnesses.
So my sons mother filed a false domestic violence claim on me she also filed petitions through family court with false statements accusing me of being a deadbeat and wishing death upon my own child. Does this quality as defamation?
I have a claim . It’s impacting my potential employment. I’d like to get a restraining order first however before I go through with any defamation case. I’m in California and I’d like to hire someone, if I may. Or at least know if it’s possible to make this person stop and redress the behavior.
Look for a personal injury lawyer and ask them if they handle defamation. If they say yes, ask them about how many they’ve done.
In a scenario where someone filed a false police report as a means to get rid of a certain person. Which in this case I would say proves malice. Can the county in this circumstance be considered a repeater?
As they published this police report publicly and everything in it is false.
I’ve been having my name dragged through the mud. My foster mother has lied and said I’ve destroyed her property and that I blew up my hand with a crack pipe. I live in a small town and even finding a home has been negatively affected by false statements by my foster mother. Her lawyer according her told her she is well within her rights. I’m at wits end, I try to avoid conflict but her calls to the police and accusations are ruining any chance I could have at a normal life. Idk if I can keep dealing with it anymore tbh I feel like it’ll never get better
Slander is one of the things that could make me sexist
Her lawyer is there to defend your mom. If you want true advice, you need to get your own.
This is a good help because i cant understand what pewdiepie is saying thx
Johnny depp watching this before the trial
Hello I was just wondering say if a law enforcement agency posted on social media saying that thorough investigation was made and then proven in court that the accusations are false and people commented on the post talking bad upon some one also the post gave the person a bad reputation with in a community will a lawsuit be successful and if so how much should a person sue for
Government enjoys broad immunity from suit so it will depend on your local laws. Even then, defamation suits are hard to win.
Yes. Depending where you live they could be national or local government.
Learn Law Better is the police department government tho
tank you
Would a statement indirectly directed at specific people fall in the category defamation? Example: All Volkswagen employees are corrupt
Where can I talk to a live person about nys defamation statute of limitations?
What if you are falsely accused of stealing move from your job then 24 hours later they fine it was never missing but just counted wrong but blame you an you were reprimanded for it
My baby's mama and her attorney have dragged my name through the mud in family courts...they once said during a court hearing that I was transphobic (despite having a transgendered niece who I and my daughter see every weekend), that I was homophobic (despite having a guy aunt and uncle, having gay friends and knowing my baby's mama is into women and dated her anyways), that I was fat phobic (because I got drunk and called her gf fat, but I have only ever dated fat people, including my baby's mama) and that I was abusive (despite calling the cops on me four times throughout our relationship and them never charging, arresting me or removing me from the premises). She said these things because we are going through family courts and she is trying to paint me as this evil person who shouldn't have my daughter...she's trying to paint me bad in court to jer advantage and her attorney is behind it 100%...can I sue them for this?
Wow that's worse or different than the drug store worker where they talk about me to my cousin along with the owner of the drugstore
I had a liable defamation but the lawyers around Bangor Maine are too scared to fight the cops nobody would take my case and it's been 4 years now but the courts did closed down for a year and a half because of covid so I'm not sure if I can still file a claim or not
I think one point that this video misses is who has to prove that the statement is true or false, and in which case.
The example at 1:19 with someone saying that the pasta at a restaurant killed their son illustrates this well. Assuming the son is indeed dead and that the cause of death is unknown, it would impossible for the restaurant to prove that the pasta didn’t kill the son.
Yet, this would be considered defamatory (as you said).
Useful for among us
(Maybe)
What if an establishment wrote, signed and sent out a document that contains false statements about me, saying I committed a crime I did not commit (which I can back up with police reports, testimony ect.) , and they keep this record on file?
I want to sue for defimation... but the third party thing is where I am concerned I may not meet the criteria... but if the document is on file in their establishment, and several employees have been exposed to this false information, can those individual employees be third parties ??? Please if anyone has a clue, as to whether or not I have a shot, please lmk!
I think I may have a defamation case but I do not know how to go about getting the help for it. Any advice you have will help please.
Many local attorneys will provide you with a free initial consultation. But defamation cases are very hard to win, so if you find attorneys unwilling to take the case that is a sign it is not a very strong case.
Don't move to Greensboro or it will get worse.
Background check websites, use
"it's public information" to circumvent the law, but, also put a narrative in of opinion. It's clearly
damaging, and opinion and made to a third party.
Why is this allowed to happen?
I need help to know if I can sue someone who posted me on Market Place claiming that I'm scamming people. What can I do?
You should contact a local attorney. Sorry I can’t provide legal advice-that would be illegal for me to provide.
I love this video it's help me
Glad it helped.
What of the accuser genuinely believes a crime was committed that resulted in death to law enforcement officials in a voicemail? Can the accuser be sued if it does not lead to an arrest of who they named?
Can I bring an defamation lawsuit against an QME doctor who slender my character by making false statements in a legal document without no evidence and hurting my personal injury case.
I need a lawyer for slander & deformation in Phoenix Arizona
So here's a hypothetical question: "If someone were to present a question rather than a statement could they possibly avoid a defamation suit?" For example "is this Rockstar using drugs? Is it possible they have always used drugs? Are they aware they may have been seen using drugs by timmy?" In summation is it hypothetically possible for a defamation suit to be avoided utilizing tactful verbage?
It depends. Sometimes a question can be defamatory.
@@Learnlawbetter true
@@Learnlawbetter well for instance I know someone that suspects a famous gaming streamer of cheating and they always make videos titled "is this individual cheating?"
Umm I have to do this for business law class and it says to involve two cases of this tort but I’m so confused , I don’t really understand what defamation is
All torts involve an injury of some sort. Battery is when someone’s body is injured, Trespass to Property when someone’s interest in property is violated, and Defamation when someone’s reputation is injured. For example, suppose that someone starts telling others that you are a bank robber. Your reputation is then hurt and this tort will allow you to sue the person who wronged you.
Would acting with malice apply to social media groups that allow one racial, religious or political group to make derogatory statements of another while censoring the offended party from responding? Is social media responsible for inciting violence if it willingly opts to allow one group to make inflammatory statements on their site but continues to censor response by those targeted for false or misleading statements or accusations?
I'm going to need your assistance.
The media claimed Kyle Rittenhouse murdered protestors. However murder is classified as the illegal killing of someone. Kyle legally killed in self defense thus is is not murder. Can he sue for defamation?
Kyle can sue every news outlet he can tbh; the man is constantly getting threatened cause the media and the president said he was a white supremacist even tho he wasn't
Kyle has already started and his targets include Whoopi Goldberg and The Young Turks.
what can you say about amber vs depp case?
It was a fascinating case. What intrigued me most were the accusations of mental health challenges.
I went to our local store yesterday. The guy who runs the store accused me of selling my personal beer to his customers that cost him business. I did no such thing.He said this in front of my aunt whom was with me and there were 2 other customers sitting outside that heard it. Does slander apply to my situation?
Wish I could answer, but that would require me to engage in the practice of law--that is both unethical and illegal unless I am a member of the bar where you are located. If you want an answer to a specific question, you need to contact a local lawyer. But keep in mind, even when you have a good case, does it make financial sense to spend lots of money litigating for what could be a very low jury verdict.
what if the police filed a complaint acknowledgement form of defamation against a prime minister that accuse me, what happens next
All 5 elements need to be met to be defamation or just one of the 5?
May I ask please? I am from the UK ....
We have been stitched up by professional executors (solicitor and accountant) in a family will. The executors have denied accountablity despite court orders and got away with crimes despite police involvement (fraud, failure to disclose information*, theft and perjury*, those* of which I have no problem with evidencing). I believe there to be a level of protection (due to judical connections - the solicitor has a cousin who is a judge. Even the police constable referred to 'protectionism') Due to connection and protection thus making civil action too much of a risk, aside the Law Society boys club rules. How do you get justice if by writing about it also incurrs threats from these beasts that consider themselves above the law? How would I stand if I wrote publicly about my experience of this? If it were my experience and if I was careful to say only that which I could back up?
Are there any rescourses that can handle a suit that dont drain money from the person defamed
Ie who helps to protect us?
If you are defamed, some attorneys might take the case on a contingency fee basis. This means that they get a percentage of the recovery. But the attorney won’t do that unless it is a very strong case. For weaker cases you have to pay the lawyer’s hourly rate.
I was written up at work because an employee falsely accused me of making offensive statement, ruining my career. Management won't disclose what kind of offensive statement was made and by whom. Is this slander?
Defamation (which is slander or libel) is when someone makes a false statement about another person that results in harm to reputation.
Most likely never happened.
West Virginia, Cool.
My ex-wife filed for an order of protection against me with many false accusations. She was probably advised by her attorney to do so since we're in the middle of a custody battle just to get an upper hand. Can I counter with a defamation lawsuit?
You should talk to your local attorney. While I have provided a very broad framework for defamation in this video, the subject is quite complex and nuanced. For example, court documents are generally protected speech, even if they are defamatory.