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Defamation In Defamation

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Defamation is a common issue for lawsuits among celebrities, as can be seen from numerous examples of court cases (Ciccatelli; Ember; Meade; Robinson and Stolberg; Rolph ). In 2016, The NY Times published an article about the 10$ million defamation complaint filed by Sean Penn, famous American actor and humanitarian, against Lee Daniels in September 2015 (Holson). The latter actor used Mr. Penn as an example for the domestic abuse to make a point about his fellow actor in the Empire television series Terrence Howard. In the interview to The Hollywood Reporter, Lee Daniels stated: "[Terrence Howard] ain't done nothing different than Marlon Brando or Sean Penn, and all of a sudden he's some f—in' demon," said Daniels at the time. "That's a sign of the time, of race, of where we are right now in America." (Gardner). This accusation was later published by The Hollywood Reporter and was picked up by a wide number of publications around the globe. The use of Sean Penn as an example was powered by the ground of accusations, published more than 20 years before that, stating that Sean Penn assaulted and abused his wife at the time, Madonna Louise Ciccone, a well-known singer. In order to win the case, Sean Penn would have to prove the defamatory nature of the statement. This raises several law issues, rooted in the legal definition of defamation (libel or slander) by US laws ("California Code, Civil Code - CIV § 44."): actual malice vs. opinion, harmful intent and defamation per se.

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