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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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