Also known as: premeditation · premeditated
Written by attorneys · grounded in primary & secondary sources — see below
The deliberate and planned character of a defamatory publication's dissemination. Courts weigh this factor, together with the area of dissemination and the persistence of the defamation, when deciding whether the publication constitutes libel rather than slander.
Parker Phillips drafted and revised a detailed written statement accusing a competitor of fraud over several days before mailing it to multiple clients. The extended preparation and wide distribution allowed the court to classify the statement as libel rather than slander. The deliberate character of the dissemination supplied the premeditation factor that elevated the tort.
Parker Phillips researched prior statements and drafted multiple versions of a defamatory letter over several days before sending it to clients. The extended preparation and wide distribution allowed the court to classify the statement as libel rather than slander. The deliberate character of the dissemination supplied the premeditation factor that elevated the tort.
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Priscilla Parks chose a targeted mailing list and timed the release of a defamatory statement after dark. When an argument erupted she sent the prepared material to recipients. The calculated choice of audience and timing supplied the premeditation needed for libel classification.
Patricia Patel retrieved research notes from a file moments before confronting Carol in the corridor. She directed the prepared statement at a key recipient during the sudden argument. The prior retrieval of the material established premeditation supporting libel classification.
Pavel Petrov retrieved and concealed a draft statement before attending a prearranged meeting with Chelsea. After she committed a battery he released the prepared material. The advance concealment of the statement demonstrated premeditation outweighing any later heat-of-passion claim.
Perry Pratt seized a blank form during an argument on a ship and wrote a hasty note about Cecil in a confined space. No prior planning or material selection occurred. The absence of premeditation prevented the inference of deliberate dissemination required for libel.
In the torts context, premeditation refers to the deliberate planning of a publication's dissemination. The Restatement treats this factor, along with area and persistence, as relevant only to the libel-versus-slander classification and does not address criminal homicide doctrines.
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The Restatement does not address provocation or criminal mitigation. It focuses on whether the deliberate character of dissemination, combined with area and persistence, elevates a publication to libel.
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Retrieving research notes or concealing a draft statement before release can demonstrate the deliberate character of dissemination. Under the Restatement this factor helps determine libel rather than slander.
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The Restatement does not discuss cooling-off periods. It instead directs courts to weigh the premeditated character of dissemination together with area and persistence when classifying libel versus slander.
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…be the most unnatural, and it is by this present Assembly declared, to be that, wherein he that doth it, kills himself out of a premeditated hatred against his own life or other humor:. . . his goods and chattels are the king's custom, but not his debts nor lands; but in case he be an infant, a lunatic, mad or distracted man, he…