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The Virginia Defamation Law Blog

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Rhetorical Hyperbole Is Not Defamation

Under Virginia law, rhetorical hyperbole is not defamatory. Rhetorical hyperbole refers to statements that–while they may seem at first glance to express factual assertions about a person–cannot reasonably be interpreted as stating actual facts. To prove defamation, a plaintiff needs to show falsity; rhetorical hyperbole does not literally assert facts,…

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Effect of Foreseeable Republication on Liability of Original Defamer

When a defamatory statement is republished by another person, that person may be held liable to the same extent as the original defamer. I recently wrote about liability for rumor-mongering and focused on the potential liability of the person spreading rumors heard from another source. This month, I want to…

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To Determine Whether an Insult Is Defamatory, Ask the Human Race

When the Virginia Citizens Defense League, a gun-rights organization, sued Katie Couric for defamation back in 2016, the two big issues from a legal perspective were (1) whether the edited video of the VCDL members conveyed a false statement of fact, and (2) if so, whether that false message carried…

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Republication By Spreading Rumors or Reporting What Others Have Said

Republication of a libel may be grounds for defamation liability. (See Restatement (Second) of Torts § 578; Lee v. Dong–A Ilbo, 849 F.2d 876, 878 (4th Cir. 1988) (“Under the republication rule, one who repeats a defamatory statement is as liable as the original defamer”)). Liability, however, is not automatic,…

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Whether to Treat Government Employee as “Public Official” May Depend More on Job Description Than Actual Job Performance

Appearances can be deceiving. But in terms of analyzing whether a particular government employee should be treated as a “public official” for purposes of asserting a defamation claim, appearances may make all the difference in whether a plaintiff will be required to show malice or merely negligence. Horne v. WTVR…

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Conspiracy Theorists: Defamatory Meaning Depends on Who’s Talking

The Internet is full of morons. If an Internet troll who clearly has no idea what he or she is talking about posts false statements on social media about another person, the effect on the reader is different than if the same statement had been written by an authoritative figure…

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No Vicarious Liability Unless Statement Made Within Scope of Employment

Vicarious liability principles apply to defamation actions just as they do in tort law generally: the principal is normally liable for the tortious conduct of his agent committed within the scope of the agency relationship. Employers can thus be held liable for defamatory statements made by their employees while acting…

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