Can I sue the restaurant owner for posting my insufficent check for public viewing if I paid it?
Full Question:
Answer:
Defamation is a publication which tends to cause one to lose the esteem of the community. This is injury to reputation. A person can be liable for damages due to the defamation of another. In order to prove defamation, the plaintiff must prove: a) that a statement was made about the plaintiff=s reputation, honesty or integrity that is not true; b) publication to a third party (i.e., another person hears or reads the statement; and c) the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If I spread a rumor that my neighbor has been in jail and this is not true, I could be held liable for slander. Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representa¬tion.
The truth of the offensive statement or communication is an absolute or complete defense to a claim of defamation, whether the claim is for libel or slander, regardless of bad faith or malicious purpose or the malice or ill will of the publisher. Constitutional privacy principles do not impact the effect of truth in a defamation action, since the truth remains an absolute defense to a defamation action.
