Thursday, August 10, 2017

Defamation in Texas

Texas law presumes that the following statements are defamatory per se: (1) statements that unambiguously charge a crime, dishonesty, fraud, rascality, or general depravity...


Another relevant link: http://www.scjc.texas.gov/

More: Defamation per se means a statement that is defamation “by itself.” A person claiming defamation per se does not have to prove that they suffered damage to their reputation or any monetary loss. The statement speaks for itself—it is defamatory, and thus, the plaintiff is entitled to damages. In Texas cases involving defamation per se, “our law presumes that statements that are defamatory per se injure the victim’s reputation and entitle him to recover general damages, including damages for loss of reputation and mental anguish.” Bentley v. Bunton, 94 S.W.3d 561 (Tex. 2002).

One does not necessarily need to file a lawsuit to remedy an injustice.  It is more effective, often, to have the bad person removed from his position.  How many future injustices for innocent people may be prevented by removing a single, fouled judge?

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