Publication

Elements of a Claim For Defamation

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PUBLICATION

In order to prove “publication,” a plaintiff need only show that the defendant communicated the statement at issue to a third party intended recipient. A plaintiff need not show that a journal or book “published” the comment. Further, the standard in federal court is very broad. In Arvey Corp. v. Peterson, 178 F. Supp. 132 (E.D.Pa. 1959) a court held that “a dictation by an officer of a corporation to his secretary is a publication” for purposes of defamation. Arvey Corp., 178 F. Supp. at 136. However, the broad federal standard will not necessarily apply in Pennsylvania state court cases. See Davis v. Res. for Human Dev., 2001 PA Super 73 (2001).

You should talk to an experienced defamation lawyer to fully understand your rights in this area.

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