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The Incremental Harm Doctrine: Is There Life After Masson?, Erin Daly

Erin Daly

A defamation is a statement that "tends so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him." Harm to reputation is the linchpin of American libel law. The incremental harm doctrine applies in libel litigation where the challenged statement causes no significant damage to the plaintiff's reputation beyond the harm caused by the remainder of the publication. If the defendant can show that the publication would have had exactly the same effect on the plaintiff's reputation had the challenged portion been excised, …