Re:Alex Jones to pay $965M to Sandy Hook victims
by tptacek on Wednesday October 12, 2022 @06:26PM
(#33184491)
Per se defamation establishes that harm has occurred whether or not it is specifically proved. I was going to well-actually the same comment you did, and instead bided my time to well-actually the predictable response.
At any rate: per se defamation isn't at play in this case.
Re:Alex Jones to pay $965M to Sandy Hook victims
by akerl_ on Wednesday October 12, 2022 @06:51PM
(#33184780)
Much appreciated. I should have spelled this out more directly in my original comment, but this is what I meant about some kinds of harm being more obvious. Defamation per se exists largely to handle cases where harm occurred but it’s tough to point to a specific instance or assign it an easy dollar figure.
Harm is required in _most_ defamation. Some claims are considered "defamation per se", in which they are considered automatically harmful.
- Indications that a person was involved in criminal
- Indications that a person had a "loathsome," contagious or infectious
- Indications that a person was unchaste or engaged in sexual misconduct
- Indications that a person was involved in behavior incompatible with the proper conduct of his business, trade or profession
https://www.findlaw.com/injury/torts-and-personal-injuries/w...