A picture-based libel claim requires pleading the picture’s defamatory character in the complaint

Evidence

But where the libel is a picture which does not appear in the record, to make it libelous there must be a proper allegation as to its character. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1113

Categorization

  • DEFINE: Pleading rule distinguishing words libelous per se from pictures needing an allegation of character—usable definitional anchor for the legal-reasoning thread.
  • XREF: connects to: Equity must extend common-law principles to novel wrongs produced by new social conditions — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1127; News has a dual character separating its informational substance from its expression. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2017; Defamation claims require affirmative proof that recipients understood reports as defamatory — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 238

Broader Connections