31 March 2022

IN RE | How To Get Away With Defamation


What is Defamation?

The claim of defamation is the publication of a false statement of fact to a third party that tends to harm reputation. Some jurisdictions distinguish between spoken defamation (libel) and fixed medium defamation (slander).

To remedy defamation courts can impose an injunction to end the behavior (not preferred) or impose monetary damages as compensation for the injury caused.

In summation, a party has to prove:

  • False statement of fact (that the statement was a provable fact, not a subjective opinion)

  • Published to a 3rd party

  • Injury, demonstration of harm to reputation

Defamation Per Se

When the published statement of fact fits into one of these categories, then the injury (harm to reputation) is inferred. These are:

09 March 2022

IN RE | Russia v. Ukraine (RAW-WAR)

 (This post is semi-edited and on-going. Basically a rant.) 

War always affects the common people, the engine of society. Always the people that didn’t make the policies that created the conditions that lead to War. The Ukrainian-Russian War creates an abstract idea that all Ukrainians agreed to fight all Russians. Statements and Generals made decisions, and common citizens died. Soldiers following orders died. 

The entire War is horrific but the image of evacuating the children’s hospital was particularly haunting for me. I have the privilege of being on the other side of the world and viewing a screen. As haunting as the images are, I cannot begin to imagine the in person experience.