According to Florida law, two types of compensatory damages can be recovered in a defamation suit, general damages and special damages: In determining the types of compensatory damages recoverable in a defamation suit, Florida law recognizes two classes: general and...
What is malice in a defamation case?
According to Florida case law as of the date of this article, malice, when talking about public figures, is having the knowledge that a statement is false at the time it is made or making a statement with a reckless disregard of the truth: "To determine whether the...
Are Words Imputing Dishonesty Defamation Under Florida Law?
According to Florida law, words imputing dishonesty are defamatory per se: Additionally, pursuant to Florida law, a statement may also be defamatory per se. See Hoch v. Rissman, 742 So. 2d 451, 457 (Fla. 5th DCA 1999). “[F]alse statements which suggest that someone...
Is An Insult Considered Defamation In Florida?
According to Florida law, merely tossing insults is not defamation: Here, although the posting of the vulgar song may have been directed at Petitioner and was certainly intended to be insulting, it was not credibly or objectively threatening. See Scott, 191 So. 3d at...
How is Libel Defined Under Florida Case Law?
According to Florida case law as of the date of this article, libel is defined as the unprivileged written publication which is false and not privileged, which causes distrust, ridicule, and other harm, including: “A civil action for libel will lie when there has been...
What Are The 5 elements Of Defamation Under Florida Law?
According to Florida case law as of the date of this article, a claim of defamation requires five elements: (1) publication; (2) falsity; (3) actor must act with knowledge or reckless disregard as to the falsity on a matter concerning a public official, or at least...