Content Highlights:
- Nature, Publication, and Intepretation of the Communication
- Fact Versus Opinion
- Defamatory Meaning
- Truth Versus Falsity
- Defamation by Implication
- Defamation Per Se
- Work-Related Defamation
- Relationship to Other Claims
- Statute of Limitations
- Subject of the Communication
- Absolute and Qualified Privilege
- Fault: Standards and Plaintiffs
- Imputed Liability
- Damages
- Initial Pleadings and Summary Dispositions
- Litigation Issues
- Practical Considerations
This book is drawn from the 2018 edition of The Virginia Lawyer: A Deskbook for Practitioners.
Defamation law represents a complicated mix of old common law principles, constitutional doctrine (both federal and state), and statutes. At its heart, defamation law highlights the tension between two elemental principles of Virginia’s Constitution: (i) the freedom that allows “any citizen [to] freely speak, write, and publish his sentiments on all subjects”; and (ii) each citizen’s obligation to be “responsible for the abuse of that right.” Attempts to reconcile these basic principles have spawned a mishmash of rules and exceptions.
The Law of Defamation in Virginia strives to help Virginia lawyers understand this confusing and state-specific law, where practitioners cannot find much guidance even in the standard treatises. This thoughtful and well-researched guide written by Thomas E. Spahn, covers the subject in all its complexity and will help counsel to effectively represent clients involved in these cases.
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