l is dishonest and corrupt
is actionable. And when a libelous publication is directed against a
class or body of persons, for example, the medical staff of a public
hospital, any member of the body may maintain an action for the wrong.
A corporation has no character like a natural person to defend, but a
defamatory charge which directly affects its credit and injures its
business reputation is an actionable one. On the other hand as a
corporation must transact its business and perform its duties through
natural persons it is now well settled that a corporation is liable in
damages for slander, as it is for other torts.
Slanderous words that are actionable have been thus classified by the
United States Supreme Court: "(1) words falsely spoken of a person
which impute to the party the commission of some criminal offense
involving moral turpitude, for which the party, if the charge be true,
may be indicted and punished; (2) words falsely spoken of a person
which impute that the party is infected with some infectious disease,
where, if the charge is true, it would exclude him from society; (3)
defamatory words falsely spoken of a person which impute to the party
unfitness to perform the duties of an office or employment of profit
or the want of integrity in the discharge of his duties of such office
or employment; (4) defamatory words falsely spoken of a party which
prejudice such party in his or her profession or trade."
The damages may be either nominal, one dollar is often given in such
cases, or compensatory, larger damages, as a punishment. The amount
rendered is within the province of the jury, but courts do not
hesitate to modify or set aside verdicts which are deemed excessive or
too meager.
The defenses in such actions may be briefly described. The truth of
the charge is a complete defense to a civil action for slander or
libel, because "the law will not permit a man to recover damages in
respect to an injury to a character which he either does not or ought
not to possess." A privileged communication is another defense. The
heads of the executive departments of government are absolutely
privileged for defamatory statements made by them while acting within
the limits of their authority. Their motives do not become the subject
of inquiry in a civil suit for damages. Judicial officers are shielded
by this rule while discharging their duties. The publication of
judicial proceedings is conditionally privileged.
|