Legal Question in Civil Litigation in Florida

Re: Slander/Liable

Generally scurrilous and defamatory statements, made to third persons, are actionable if untruthful and fit within the theories of libel or slander.

http://encyclopedia.thefreedictionary.com/Slander%20and%20libel

Truth is generally a defense and the status of the person being discussed (a private person versus that of a public figure) are subject to different levels of protection. That is, you could probably tell jokes about Rosie O'Donnell, her being a public figure, without getting into trouble, unless you were deliberately untruthful, scurrilous and your comments were made with malice.

She, on the other hand, would have to be more care ful in speaking about you, as a private person, the theory being that up until that moment, you had been a private person and also have less access to public media to contest her statements.

Also, First Amendment considerations come into play, making public comment and opinion fair game.

The relationship between the speaker and the individual claiming harm is also important:

- is the speaker a boss to the person claiming harm?

- is the speaker an employee? Employed for a common carrier (bus, airline, etc.) or public accomodation (hotel, motel, business open to the public)?

- Is the person claiming harm a member of a protected class, e.g. a 'distinct and insular minority?

All these come into consideration in determining whether you have a cause of action under tort law.

Good luck,

R. Vaughan, Esq.