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PRELIMINARY DRAFT 70 17 (September 26, 1934)

handle is hein.ali/relwtrts0096 and id is 1 raw text is: Comment: h. General disparagement. Disparaging words, to be actionable per se under the rule stated in this Section, must affect the plaintiff in some way which is peculiarly dis- crediting to one engaged in his trade or profession. Dis- paragement of a general character, equally discreditable to all persons, is not enough unless the plaintiff's occupation is of such a character that the defamatory imputations are especially pertinent thereto. It is not necessary that the defamer refer to the other as engaged in the particular pro- fession or calling in question. It is enough if the state- ment is of a character to be particularly disparaging of one engaged in such an occupation. On the other hand, if the charge, though disparaging in some respects, does not indict his ability, competency, or integrity in the performance of his calling, the words do not come within the rule stated in this Section. Thus, a statement that a physician engages in A immoral practices is not actionable per se although a charge that he makes improper advances to his patients is action- able; the one statement does not affect his reputation as a physician whereas the other has a tendency to affect the su- cessful practice of his profession. Ss- a ement that a udge is engaged in a conspiracy is n t amat ry per se althou a sta ment tapiring o defeat the ends of jus Ic a tionable.

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