Dane Ellis Allen wrote:know the law before you say stupid things Lynard
Question: What is libel per se?
Answer: When libel is clear on its face, without the need for any explanatory matter, it is called libel per se. The following are often found to be libelous per se:
A statement that falsely:
Charges any person with crime, or with having been indicted, convicted, or punished for crime;
Imputes in him the present existence of an infectious, contagious, or loathsome disease;
Tends directly to injure him in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects that the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits;
Imputes to him impotence or a want of chastity.
Of course, context can still matter. If you respond to a post you don't like by beginning "Jane, you ignorant slut," it may imply a want of chastity on Jane's part. But you have a good chance of convincing a court this was mere hyperbole and pop cultural reference, not a false statement of fact.
You left out the most important element: You have to show that there were damages. No Damage, No case. Court Adjourned.
... well said John
