____________________ __________________

Date: May 21, 2020

To: Prof. Eleanor Lumsden

From: Raquel Bártolo Andrade, Student no.7330

Subject: Second Assignment, Option A

The purpose of this memo is to present the best legal options amidst the threatening
defamatory statements made about me online. Following are some points highlighting
the protection provided by USA’s law and the obstacles to successfully restore my
reputation:

proving that the statement made about me qualifies as defamatory:

 False libelous statements about me were written and published in a blog

post. In fact, the assertion publicly shared through social media, was untrue and
defamatory when claiming that I “(…) slept with a male professor to have a
higher grade”. Despite not being mentioned by name, I am reasonably
identifiable as the “(…) blue eyed suburban girl who makes her home at Alfredo
de Sousa’s Halls of Residence, dorm room no. 911 (…)”.

 The false factual statement is libel per se. Even though online libel has
significantly damaged my reputation, mental health and potentially future legal
jobs, I won’t have to prove any economic loss. There were serious falsehoods
made against my chastity when implying I engaged in sexual misconduct.
Therefore, the court will realize the damage as it is apparent and presumed for
both the harm caused and any emotional or psychological distress.

 The First Amendment rights of free speech and free press do not apply.
Courts consider if a reasonable reader could comprehend the statement as
asserting a statement of verifiable fact – whether it can be proven true or false –
or as a conjecture. Hence, the defense cannot merely classify the statement as an
“opinion”, rather than an assertion of fact presented as an opinion that
constitutes defamation. Plus, freedom of speech isn’t significative when the
topic doesn't involve an issue of public interest.

 The defense cannot be based on fair comment nor conditional privilege.

Firstly, because the libeler didn’t act in good faith nor honest belief when they
 made the statement. A reasonable person can’t honestly entertain this idea. In
addition, conditional privilege cannot be sustained in order to protect statements
made with actual malice

 The perks of proving actual malice when you are a private citizen. The
libeler is a long time jealous social competitor of mine and was motivated by ill-
will and malice. They knew the statement was not true neither bothered to check
further information before publishing. Despite this, as I have not associated
myself to a public life, I will prevail without bothering to prove that the defamer
acted with actual malice.

 Proving Damages and economic loss.

DAMAGES: subject a wrongdoer to liability for exemplary damages it must be

shown that the defendant was motivated by ill-will, malice, or evil motive. Thus,
evidence which tends to disprove actual malice is admissible to mitigate exemplary
damages

However, some types of statements are so damaging that the plaintiff does not have to
prove any economic loss. These statements tend to be those that accuse the plaintiff of
sexual impropriety or criminal conduct.

- A plaintiff in a defamation case is entitled to receive damages for any lost earnings,
future lost earning capacity, and other lost business or economic opportunities that
he/she suffered or is likely to suffer as a result of the defamatory statement.

- If the plaintiff required medical or mental health treatment as a result of the

defamatory communications, the plaintiff is also entitled to recover damages for
his/her health care bills and expenses, just like in a regular personal injury case: like
mental anguish, emotional distress, loss of enjoyment of life, and anxiety.
Significant mental pain and suffering can also cause severe anger, appetite loss,
lack of energy, sexual dysfunction, mood swings, and/or sleep disturbances.

- Lost earnings and lost earning capacity refer to the earnings (i.e., wages or salary)
that the victim lost or will lose -- past, present, and future -- as a result of the
defamation. Lost earnings and lost earning capacity also includes any employment
benefits such as health insurance, vacation time, pension or 401(k) contributions,
and the like that the victim may have lost.

-
definitely lowered the community’s esteem of me and even discouraged others from
associating me. Moreover, this method of defamation qualifies as libel as it is