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Speaking Out or Speaking Too Much: Defamation Claims & Victims of Abuse 2023

Product ID: CA3484R9
Presented By: State Bar of Wisconsin PINNACLE

So much to say

In 2022, actor Johnny Depp’s defamation lawsuit against ex-wife Amber Heard was the subject of extensive media coverage and social media commentary. Although most defamation cases don’t make international headlines, it’s not unheard of for victims of abuse or assault who speak out to face criticism, disbelief, and even defamation lawsuits.1 And in an age where anyone can post online content that’s published to the masses, there is an increased risk of users creating or being harmed by defamatory statements.

At Speaking Out or Speaking Too Much: Defamation and Victims of Abuse, you'll master the essential elements of a defamation claim and the plaintiff’s burden of proof. You’ll also explore:

  • Claims where the plaintiff is a public figure
  • Slander and libel
  • Criminal vs. civil defamation suits
  • The relevant statutory framework
  • Pleading standards
  • Defenses and damages
Read More ↓

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Select a Format

OnDemand seminar

Pricing

Member $239.00

Non-Member $319.00

Credits

3.5 CLE

Date and Time

Monday, October 16, 20238:30 AM - 11:40 AM CT

Add to Calendar 10/16/2023 8:30:00 AM 10/16/2023 11:40:00 AM America/Chicago Speaking Out or Speaking Too Much: Defamation Claims & Victims of Abuse 2023

So much to say

In 2022, actor Johnny Depp’s defamation lawsuit against ex-wife Amber Heard was the subject of extensive media coverage and social media commentary. Although most defamation cases don’t make international headlines, it’s not unheard of for victims of abuse or assault who speak out to face criticism, disbelief, and even defamation lawsuits.1 And in an age where anyone can post online content that’s published to the masses, there is an increased risk of users creating or being harmed by defamatory statements.

At Speaking Out or Speaking Too Much: Defamation and Victims of Abuse, you'll master the essential elements of a defamation claim and the plaintiff’s burden of proof. You’ll also explore:

  • Claims where the plaintiff is a public figure
  • Slander and libel
  • Criminal vs. civil defamation suits
  • The relevant statutory framework
  • Pleading standards
  • Defenses and damages
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So much to say

In 2022, actor Johnny Depp’s defamation lawsuit against ex-wife Amber Heard was the subject of extensive media coverage and social media commentary. Although most defamation cases don’t make international headlines, it’s not unheard of for victims of abuse or assault who speak out to face criticism, disbelief, and even defamation lawsuits.1 And in an age where anyone can post online content that’s published to the masses, there is an increased risk of users creating or being harmed by defamatory statements.

At Speaking Out or Speaking Too Much: Defamation and Victims of Abuse, you'll master the essential elements of a defamation claim and the plaintiff’s burden of proof. You’ll also explore:

  • Claims where the plaintiff is a public figure
  • Slander and libel
  • Criminal vs. civil defamation suits
  • The relevant statutory framework
  • Pleading standards
  • Defenses and damages
Read More ↓

Megan E. Lee
Wisconsin Judicare Inc.
Wausau

Amanda R.R. Mayer
Wisconsin Judicare Inc.
Wausau

8:30 a.m. : Defamation

  • What is defamation?
    • The essential elements of a defamation action are:
      • A false statement
      • Communication of the statement, and
      • A tendency by the statement to harm a person’s reputation.
    • Wis. Stat. 942.01
  • Libel – written
  • Slander – oral
  • What if the plaintiff is a public figure?
    • Higher burden
    • Who is considered a public figure? (Including limited public figures)
  • The First Amendment
    • What is the ‘act’ that differentiates it from speech?
    • Defamation does not apply to opinions

9:00 a.m. : Defamation Suits

  • Demand Letters
  • Court Filings
    • Criminal Case vs. Civil Suit
  • Relevant statutes:
      • Wis. Stat. 802.03 Pleading special matters includes libel or slander
      • Wis. Stat. 893.57 Intentional torts
      • Wis. Stat. 891.33 Proof of malice in slander and libel
      • 895.05 Damages in actions for libel

9:15 a.m. : Defenses

  • The Truth
    • Absolute defense
    • But...how do you prove it?
  • Publication
    • Statements to someone other than the defamed
    • Intelligently or negligently made
    • Identify the person defamed, expressly or by reasonable inference
  • Public Figure
    • If the plaintiff is a public figure, there must be proof of actual malice.
  • Criteria to determine whether a defamation plaintiff is a public figure:
    • Public controversy
    • Nature of the plaintiff’s involvement in the public controversy
  • Privileged From Defamation Suits
    • Conditional privilege protecting communications includes:
      • Those seeking to protect the communicator’s interest
      • Those seeking to protect the interest of the recipient or a third person
      • Those seeking to protect a common interest or a family relationship
      • Those statements to a person who may act in the public interest
  • Privilege can be absolute or qualified
    • Statements to LEO
    • Statements in confidential or privileged settings
  • Permission to publish the statement granted by the plaintiff

10:10 a.m. : Break

10:25 a.m. : Victims of DVSA & Defamation

  • Risk assessment of the speech versus the potential damages and costs of defending defamation suits
  • Notable public examples:
    • Bill Cosby
    • Depp v Heard
    • Brett Favre (ongoing)
  • Social media & Me Too
    • Does conditional privilege apply?
    • What about content posted private social media groups?
    • Anonymous online content

11:20 a.m. : Other States & The National Gaze– Where Can We Look?

  • Anti-SLAPP
    • Laws protecting from Strategic Lawsuits Against Public Participation
    • SLAPP lawsuits are actions initiated by a party seeking to intimidate, censor, or burden an opponent into dropping a claim or action themselves
  • What states have it?
  • How do other states handle defamation?

11:40 a.m. : Program Concludes

  • Know the required elements of a defamation claim
  • Understand the burden of proof in slander and libel claims
  • Learn about potential defenses to defamation
  • Explore considerations for victims of domestic violence and sexual assault
  • Civil litigators
  • Family law attorneys
  • Domestic violence victim advocates
  • First Amendment lawyers
  • Constitutional lawyers
  • Media lawyers
  • General practitioners

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