MALICE IN DEFAMATION

Some people are under the mistaken impression that you can say anything that you want to, slander if it is spoken and defamation if it is printed, about a public figure even if it is a lie. Well that isn't true.

A real lawyer would know that a defamatory statement is still actionable if the public figure plaintiff proves malice.

As written in Farber v. Bobear, 56 So.3d 1061 (La. App., 2011), defamation is "is a tort which involves the invasion of a person's interest in his or her reputation and good name".

"A successful claimant in a defamation action must establish the following elements: (1) a false and defamatory statement concerning another; (2) an unprivileged publication to a third party; (3) fault (negligence or greater) on the part of the publisher; and (4) resulting injury. " id.

"Words which expressly or implicitly accuse another of criminal conduct, or which by their very nature tend to injure one's personal or professional reputation, without considering extrinsic facts or circumstances, are considered defamatory per se." id.  "When a plaintiff proves publication of words that are defamatory per se, the elements of falsity and malice (or fault) are [56 So.3d 1067] presumed, but may be rebutted by the defendant."  id.

A public official or a public figure, whether intentional or not, must always prove malice. Fitzgerald v. Tucker, 715 So.2d 1281 (La. App. 3 Cir., 1998).

Malice means "that the defendant uttered, spoke, wrote the words about plaintiff with knowledge of their falsity, or in reckless disregard of their truth". id. 

As you can clearly see from the above, slander and defamation suits are alive and well in Louisiana.

IN FORMA PAUPERIS