[lbo-talk] My note on the Naked Capitalism Blog

Ralph Johansen mdriscollrj at charter.net
Sat Dec 10 12:33:41 PST 2016


*http://www.nakedcapitalism.com/2016/12/we-demand-that-propornot-remove-its-blacklist-report-and-browser-tool-defaming-naked-capitalism-and-issue-an-apology.html

truval*December 10, 2016 at 2:33 pm <http://www.nakedcapitalism.com/2016/12/we-demand-that-propornot-remove-its-blacklist-report-and-browser-tool-defaming-naked-capitalism-and-issue-an-apology.html#comment-2725089>

According to District of Columbia law, defamation claims have four elements:

the defendant made a false and defamatory statement concerning the plaintiff; the defendant published the statement without privilege to a third party; the defendant’s fault in publishing the statement amounted to at least negligence; and either the statement was actionable as a matter of law irrespective of special harm or its publication caused the plaintiff special harm.

See Jankovic v. International Crisis Group, 429 F.Supp.2d 165, 173-4 (D.D.C. 2006). The elements of a defamation claim in the District of Columbia are similar to the elements listed in the general Defamation Law section, with the following exceptions: Defamation Per Se

In the District of Columbia, any written or printed statement that falsely accuses someone of committing a crime constitutes defamation per se. See Raboya v. Shrybman & Associates, 777 F.Supp. 58 (D.D.C. 1991). If a statement is defamation per se, the court will assume harm to the plaintiff’s reputation, without further need to prove that harm.

If treason there be…

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