From: Jim Choate <ravage@EINSTEIN.ssz.com>
Date: Sun, 26 Jan 1997 21:41:45 -0800 (PST)
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  Chapter VII: Libel
  
   Defenses
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   Truth is generally a complete bar to recovery by any plaintiff who
   sues for libel. Making sure that any potentially libelous material can
   be proven true can avoid needless litigation.
   
   Fair Report. Libelous statements made by others in certain settings
   are often conditionally privileged if the reporter, in good faith,
   accurately reports information of public interest. This privilege
   usually applies to official meetings such as judicial proceedings,
   legislative hearings and grand jury deliberations.
   
   Opinion is still protected speech under the First Amendment, although
   the Supreme Court limited the formerly broad reach of opinion
   protection in Milkovich v. Lorain Journal. The court ruled that there
   is no separate opinion privilege, but because factual truth is a
   defense to a libel claim an opinion with no "provably false factual
   connotation" is still protected.
   
   As a result of this decision, courts will examine statements of
   opinion to see if they are based on or presume underlying facts. If
   these facts are false or defamatory, the "opinion" statements will not
   be protected.
   
   Consent. If a person gives permission for the publication of the
   information, that person cannot later sue for libel. However, denial,
   refusal to answer or silence concerning the statement do not
   constitute consent.
   
   The statute of limitations for bringing libel suits varies from state
   to state. Generally the time limit for filing a libel lawsuit starts
   at the time of the first publication of the alleged defamation. If the
   plaintiff does not sue within the statutory time period, the
   litigation can be barred.
   
   Although a retraction is not usually considered a defense to a libel
   claim, it may reduce the damages a defendant must pay if found liable
   for defamation. Before agreeing to publish a retraction, consult an
   attorney.
   
   
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