This week Law Street broke the story of the FBI’s latest violent crime data — if you haven’t checked it out yet you definitely should. This week, though, I want to talk about crimes of defamation, because though they are rarely discussed, they have similar ability to do serious harm to a person’s life. These are caused by careless, negligent, and often malicious words of one person against another. Some of these people are just talking to hear their own voices, and some are liars — there is a special place in hell for liars.

Crimes of defamation are rarely talked about on a large scale because, really, how do you quantify them?  Where do we draw the line between “Freedom of speech” and “defamatory content?” The area between the two is gray, but the laws exist to determine what is casual conversation and what is illegal.

The Supreme Court defines defamation as a four-element offense, which requires:

1. A false statement purporting to be fact concerning another person or entity;
2. Publication or communication of that statement to a third person;
3. Fault on the part of the person making the statement amounting to intent or at least negligence;  and,
4. Some harm caused to the person or entity who is the subject of the statement. 
   

Some states, like New York, take these federal guidelines a step further and determine various rules for defamation depending on the person being defamed. The first category is for “private” people — a group into which most of us fall. Private people are more broadly protected. If you negligently say something that is defamatory against me, and the above four elements are met, you’ve broken the law. It’s that simple!

New York also has two other classes: public official and public figure. President Barack Obama is a public official; Kim Kardashian is a public figure. (Get the difference?) These people have taken steps to thrust themselves into the public consciousness, and with widespread notoriety comes widespread ridicule and judgment. I believe the legal term is “Mo Money, Mo Problems.”

When dealing with Kim Kardashian, President Obama, or any other public person, New York mandates that a fifth requirement must be met: the defamatory speech must be malicious. Malice requires a specific intent to cause harm to a person — it’s a tougher hurdle to jump, but the rewards are much greater. When a U.K. newspaper claimed that Liberace was gay in the late 50s, he sued it for defamation and libel and was awarded a large amount of money. Tom Cruise won a similar suit, and let’s not forget when Lindsay Lohan tried to sue E-Trade for their drunk baby named “Lindsay.”

Liar, Liar Pants on Fire

The law says that truth is an affirmative defense to any claim of defamation. That is, if the defamatory statement is based on a true story, the speech is within the bounds of the law. This makes sense, right?  If you are a known thief, and someone tells their best friend that you steal, that is totally okay.

What’s not okay is when the defamation occurs and is based on untrue information. The law recognizes that the power of words and one’s reputation can carry a person very far, and does its best to protect an otherwise innocent person from being victimized by lies and rumors.

The point of these defamation laws is to combat that victimization. Because of these laws, an unfairly accused or viciously maligned person can stand firm in her innocence or his correct assertion. An easy way to do this is to have an adjudicatory decision in your favor, i.e. you’ve gone to court and won. In other words, proof is of paramount importance when attempting to bolster one’s argument in a defamation case.

“Show Me the Receipts!”

There are various ways to determine if something is true or false, and one of the easiest ways to make that determination is to review the record. Courts and triers of fact rely on hundreds of thousands, likely even millions, of pages of documents annually in order to parse out the truth from all of malarky. That is why law schools across the country focus on organization, meticulous record keeping, and the importance of creating a paper trail. It’s why we create elaborate filing systems, why every document is backed up, and why everything is committed to writing. The quickest way to piss off a lawyer is to make an assertion without substantiating evidence.

50 Cent, the Poet Laureate of the early 2000s, put it best when he said, “I talk a lot of shit, but I can back it up.”

The moral of the story is that crime is a problem, but we need to broaden the discussion. All criminal activity is reprehensible, and when the law is broken there need to be consequences. The law exists so that criminals don’t do whatever they want to do, and the same preclusions apply with words.

And if all else fails, don’t lie.

—

Peter Davidson is a recent graduate of law school who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Tweet him @PeterDavidsonII.

Featured image courtesy of [Angie Linder/Christina via Flickr]

The blog that feeds my insatiable hunger for “RHONJ” .gifs: RealityTVgifs

Peter Davidson II

Peter Davidson is a recent law school graduate who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Contact Peter at staff@LawStreetMedia.com.

The post Liar, Liar Pants on Fire appeared first on Law Street.

Welcome back to “Life of a Legal Post Grad,” a column which will quite soon be serving its initial purpose: describing the life of a young legal professional navigating his way through this crazy world of the law.

By “quite soon” I mean in a couple of days. I’ve been at my job for two weeks now and I already have (awesome) stories. Stay tuned. This week, though, let’s talk about this crazy-fast transition that I’m going through in my life. Mmmmmk?

To recap: 2013 was dark. Like…Disney dark. (P.S., if you don’t get the dark undertones in most Disney movies, you should set aside a few hours this weekend and rewatch your childhood favorites, because…whoa). The lone highlight of 2013 was seeing Rihanna in concert. I kept saying, “2014 has to be better.”

Well, here we are, and 2014 is covered in light, roses, bunnies, and all other things good and cute.  I may be the happiest that I’ve ever been in my adult life. Why, you ask? Because of all the ch-ch-ch-changes!

First of all, I have a legal job that I love.  It’s only been a week and a half, but everything is coming up roses so far. I work for a really cool company, I do dynamic legal work, and I work with awesome and intelligent people. Every day I’m challenged and pushed to be better, which is what I had in mind when I first entered law school. This job actually makes me want to be a lawyer, which is new and unexpected. BUT ENOUGH ABOUT THAT!

Second, the weather: let’s talk about wearing shorts and flip-flops in January. Or we can discuss reviewing contracts poolside. Entertain the notion of shifting the liability to a third party on the beach, even. All of these are now my options! Two weeks ago I lived in D.C.; the same D.C. that was shut down for two days last week because of the resurgence of the polar vortex (speaking of, that weather pattern really sucks).

The “downside” to life (just kidding! there is none!) is driving everywhere. I’m a walker. I’ve previously lived in Washington, D.C., Boston, and New York: all of these are major cities with wide-ranging public transportation systems and a walkable urban plan that renders ownership of a car unnecessary and burdensome. Friends, Florida is not like that; a car is a necessary part of life. Now I’m a commuter! Every morning I wake up, start my car, drive to Starbucks, and sit in highway traffic on my way to work (if you care, I take 95 to 195). This may seem normal to some, but I have literally never had to be so alert before 9:00 a.m. In fact, for the first few days of commuting, I drove in absolute silence with my hands resolutely placed at the 10:00 and 2:00 positions. Every five minutes I’d say out loud: “Don’t kill yourself or anyone else.” Luckily I’m more comfortable now, and it’s become less of a burden. Sometimes I even get a bit of road rage, and then I’m all:

All in all, I’m having an amazing time. I have a newfound admiration for the law — so much so that I plan on taking the Florida Bar exam this summer. I never thought I would voluntarily sit for the bar exam, but I figure if I want to make a life and career here, it’s the next logical step. More importantly, it’s what my instincts are telling me to do, and I’m still inclined to follow them. It’s worked out so far!

—

Peter Davidson is a recent graduate of law school who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Tweet him @PeterDavidsonII.

Featured image courtesy of [Sandra Cohen-Rose and Colin Rose via Flickr]

Featured .gifs courtesy of [RealityTVgifs]

Peter Davidson II

Peter Davidson is a recent law school graduate who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Contact Peter at staff@LawStreetMedia.com.

The post The Times They Are a-Changin’ appeared first on Law Street.

Happy New Year!

I need to be honest with you guys.  A lot has changed in my life since the clock struck 12 on January 1: I won the lottery, got married, started working at my dream job, and got to babysit Blue Ivy.  It’s been an awesome year already!

Okay, so none of that is true (yet), but I have decided to be positive and upbeat this year. That doesn’t mean I won’t be snarky or sarcastic; just that every time I write or think something negative, I’ll try and counter it with something positive.

Courtesy of _Dilexa via Flickr.

The Bad

So far, what makes 2014 a great year is waking up to the obligatory “Happy new year!”/ “Hapye newx yeark!” texts (Lay off the booze, friends). I have yet to respond to any of these messages because I’m lazy, but I appreciate them!  As far as “Happy New Year!” drunk dials and voicemails? Let’s leave those in the past, OK?

Speaking of things I’d like to leave in the past, have you guys heard of shitlawjobs.com? In the spirit of positivity, we’ll just call it…hilariously realistic. I find this site funny because it aggregates all of the terrible job postings that many people on the job hunt view multiple times a day. It’s shocking, really.

Shocking that some of these salaries are below the poverty line for a family of 4.

Shocking that unemployed law school graduates could make more money being an uberX driver than a lawyer.

Shocking that I made more money as a barista at Starbucks in high school than some of these hourly postings.

I could go on, but you catch my drift. Pretty hurts, and so does being a law school grad who doesn’t work for a top law firm.

The Good

During these first few hours of 2014, I needed something to remove the foul taste that shitlawjobs.com left in my mouth. Luckily, Amazon suggested that I read Beyond L.A. Law: Break the Traditional “Lawyer” Mold.

This book contains more than forty essays written by professionals in various fields who happen to have law degrees. I have not read the entire book, but I did peruse a couple of the essays. Many of the writers went on to legal jobs that they love, which is cool, but not really up my alley. Some of the essayists have awesome non-legal jobs: one is an author and publisher, while others used their entrepreneurial instincts to develop or lead companies. It’s inspiring to see people use the skills law school teaches them and then transform those lessons to fit their lives.

The Takeaway

That, my friends, is what 2014 is going to be all about. Figuring out how to make sense of this degree in some sort of meaningful way.

To the ones who have it all figured out: you are awesome. In 2013 I would have been jealous, but this year I’m just happy for you. To the ones who are going to sprint over to ShitLawJobs.com and apply to every single post because a shit job is better than no job, you are better than me. I mean, I will likely apply to some of these jobs too but…ugh. I guess I was right, beggars can’t be choosers.

2014 is the year where we’ll begin to be choosey though, I know it.

Deuces, 2013! And take “twerking” and “turning up” with you. Thaaaaanks.

P.S. This is my first post using a swear word and I feel like a rebel. Watch out 2014!

—

Peter Davidson is a recent graduate of law school who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Tweet him @PeterDavidsonII.

Featured image courtesy of [George via Flickr]

Peter Davidson II

Peter Davidson is a recent law school graduate who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Contact Peter at staff@LawStreetMedia.com.

The post It’s 2014 and Everything Changed! appeared first on Law Street.