Recent events with radicals violate ARS.

A recently conflict with a radical organization has led to grounds for a civil claim. But I wanted to take the time to educate those who follow. FYI and food for thought. The following is regarding Arizona specifically. In the future I may share statutes from other states. Libel and slander are commonly hard to prove especially with the age of the internet and the lines of free speech are grey. But even then certain aspects can be pursued in such a civil matter. But it is also a test of patience because ultimately it becomes a he said / she said ordeal. This is not a exhaustive study on Libel or slander. Nor are we attempting to provide legal advice.

Arizona defamation law defines a defamatory statement as one that must be “false and bring the defamed person into disrepute, contempt, or ridicule, or impeach her honesty, integrity, virtue, or reputation.” Godbehere v. Phoenix Newspapers, Inc., 162 Ariz. 335, 341 (Ariz. 1989); Turner v. Devlin, 174 Ariz. 201, 203-04 (1993).

It’s also worth noting in the realm of Arizona defamation law, that Arizona courts frequently look to the Second Restatement of Torts, viewing it as a persuasive authority. Sanchez v. Coxon, 175 Ariz. 93, 95 (1993).

For Arizona plaintiffs to win in their libel or slander actions, Arizona defamation law requires they meet the five (5) following:

 Defamation Elements

For Arizona libel and slander plaintiffs to succeed in their claim, they must have:

• A false statement concerning the plaintiff;
• The statement was defamatory;
• The statement was published to a third-party;
• The requisite fault on the part of the defendant, &
• The plaintiff suffered damage as a result of the statement. Morris v. Warner, 160 Ariz. 55, 62 (Ariz. Ct. App. 1988).