Despite this precedent, the notion that every libel claim is actionable per se does not enjoy universal acceptance.
Whether the old common law holding that all libel is actionable per se should apply to all social media posts is a fair subject for debate.
Although we agree that the court properly dismissed three of Lietz's defamation claims, we conclude that one of Lietz's claims was actionable per se
, meaning Lietz was not required to prove special damages (the failure of which served as one of the circuit court's grounds for dismissing this claim).
5th DCA 1981) (where defamation is actionable per se
, punitive damages may be awarded even though the amount of actual damages is neither found nor shown) (quoting Saunders Hardware Five and Ten v.
If a defamatory statement is actionable per se, the plaintiff need not plead or prove actual damage to her reputation to recover.
If a defamatory statement does not fall within one of the limited categories of statements that are actionable per se, then the claim should be pled per quod.
The publication of any libel is actionable per se, that is
pronounces it actionable per se." (quoting Marion v.