Legalities of defamation cases

[Fencer]

I'd appreciate it if our law-knowledgeable folks would chime in in one place and discuss the practicalities of defamation cases. I'm not a lawyer, but I'd say the issues start:

1. What has to be proved in a defamation case?
2. Who does it have to be proved against?
3. Are there existing contracts (CBA, franchise agreement, whatever) that are barriers to lawsuits?
4. Is there any difference between defamation and slander/libel?

#1 has been answered multiple times recently, but I'd appreciate a repeat anyway.

By #2, I mean for example that Mortenson published something that seems defamatory, but the real defamer may be his unknown source. So what would be the process for trying to discover and sue them?

(By the way, I don't really like the idea of suing reporters for libel or defamation, but let's put that aside for now.)

My guess for #3 starts that there's nothing except the franchise agreement. Obviously the Patriots as an organization aren't going to sue the league as an organization for defamation, but I'm curious as to whether they even could.

For #4, I can contribute that slander is spoken and libel is written, or that's how it's been explained to me.

 

[ctpatsfan77]

IANAL, but here's an answer on the standard they have to prove for #1.

http://www.patsfans.com/new-england...-defamation-involving-public-figures.1120214/

Moreover, to actually recover damages, a public figure must either prove that he/she has been damaged by the defamatory statements, or that they constitute defamation per se (a statement that is so injurious that it can be automatically assumed to cause harm). In this case, the idea that Brady is a "cheater" may constitute defamation per se.

 

[Tony2046]

I'd appreciate it if our law-knowledgeable folks would chime in in one place and discuss the practicalities of defamation cases. I'm not a lawyer, but I'd say the issues start:

1. What has to be proved in a defamation case?
2. Who does it have to be proved against?
3. Are there existing contracts (CBA, franchise agreement, whatever) that are barriers to lawsuits?
4. Is there any difference between defamation and slander/libel?

#1 has been answered multiple times recently, but I'd appreciate a repeat anyway.

By #2, I mean for example that Mortenson published something that seems defamatory, but the real defamer may be his unknown source. So what would be the process for trying to discover and sue them?

(By the way, I don't really like the idea of suing reporters for libel or defamation, but let's put that aside for now.)

My guess for #3 starts that there's nothing except the franchise agreement. Obviously the Patriots as an organization aren't going to sue the league as an organization for defamation, but I'm curious as to whether they even could.

For #4, I can contribute that slander is spoken and libel is written, or that's how it's been explained to me.

This is a little off topic but but when Belichick said he was embarrassed about the amount of time he put into learning about the psi in footballs he probably has no idea how much time fans have put into learning the ideal gas law, reading the wells report looking for holes and now learning about what kind of defense Brady should use. Love it.