Restatement of the Law Third, Torts: Defamation and Privacy is making its first ALI Annual Meeting appearance this year. Tentative Draft No. 1 will be presented to ALI membership and introduces the framework for claims involving harm to reputation, focusing on the core components of a defamation action. It outlines what must be established to bring a claim, including how a statement is communicated, what makes that communication defamatory, how it is connected to the plaintiff, and the role of the defendant’s fault.
In the below video, Reporters Lyrissa Barnett Lidsky and Robert C. Post discuss the legal framework governing defamation, including how courts evaluate allegedly defamatory statements and the standards used to determine liability.