|
Here's a way to evaluate the what the Globe and Msgr.
Foster's legal and public relations team did to Paul
Edwards:
Jury Instructions: Elements of Defamation
(Plaintiff is a Public Figure) 2.
In
order to prevail on his claim for defamation, the
plaintiff must prove to you by a preponderance of the
evidence the following elements:
1) The defendant published a statement of and
concerning the plaintiff;
2) The defendant’s statements were defamatory
in that they tended to hold the plaintiff up to
scorn, hatred, ridicule, or contempt, in the minds
of any considerable and respectable segment of the
community.
3) S/he suffered actual injury or harm as a
result of the publication in question.
Once
the plaintiff has proven the above elements, s/he must
then prove by clear and convincing evidence the last
element:
4) The defendant published the defamatory
statement with knowledge that it was false or with
reckless disregard as to the truth or falsity of
the statement. "Reckless disregard" means that
the defendant or the defendant’s agent entertained
serious doubts as to the truth of the publication.
The
element concerning proving that the defendant knowingly
or recklessly published the false and defamatory
statement requires a higher burden of proof, namely
proof by clear and convincing evidence.
--Notes on
the legal definition of defamation of a public figure
from
"Chapter 6: Defamation," Jody L. Newman,
Massachusetts Superior Court Civil Practice Jury
Instructions (1997) |