Filing a Defamation Lawsuit for Libel or Slander
Some people think their First Amendment right to free speech lets them say anything they want. There are limits to free speech. You can’t yell “fire!” in a crowded theatre because it could put people’s lives in danger. Defamation is another free speech limitation. If someone makes false statements about you and it causes harm, you may be able to sue them for compensation.
Defamation laws can be different depending on state law. For information about protecting your reputation, talk to a local defamation attorney for legal advice.
What Is Defamation?
Defamation involves making a false statement that causes harm or damage. Defamation is a type of “intentional tort.” A “tort” is a civil wrong, and the victim can file a lawsuit for damages. If someone says something false that causes harm to a person’s reputation, they are liable.
However, there are some exceptions where free speech does allow false statements about certain people.
What Are Libel and Slander?
Slander and libel are two types of defamation. Slander is a spoken form of defamatory statement. Libel is defamation that is written or published. Radio broadcasts, television shows, and postings on social media are types of libel. Internet access, social media, and mobile devices have made it easier to make false, libelous claims online.
For example, a coworker tells others in your office that you were charged with drunk driving. If you were never charged with drunk driving, and the false statement harmed your reputation or you got fired, you could file a lawsuit against the coworker for damages.
In a child custody dispute, your ex files a statement with the court that says you physically abused your child. If it is a false statement, your ex may have committed libel. You could file a defamation claim against them for damages.
What Do You Have to Prove in a Defamation Claim?
In a civil lawsuit, you have the burden of proof to prove all the elements of the legal claim. The standard of proof is a “preponderance of the evidence.” This means you have to prove that the defendant has more likely than not defamed you. Civil lawsuit elements can be different depending on the state.
The Elements of Slander
To win a slander case, you generally have to prove the following elements:
- The defendant made a spoken false and defamatory statement about you
- The defendant knew or reasonably should have known the statement was false
- Another person heard the false statement
- The statement harmed or damaged your reputation
The Elements of Libel
To win a defamation lawsuit for libel, you need to prove the following elements:
- The defendant made a false and defamatory written statement about you
- The defendant knew or reasonably should have known the statement was false
- The statement was published, printed, or posted online
- The written statement damaged or harmed your reputation
Defenses Against Defamation Lawsuits
The freedom of speech is not absolute. The U.S. Supreme Court has established some exceptions and defenses to defamation claims. The simplest defense is that the statement was true. Truth is a complete defense to defamation. However, in some cases, it can be difficult to prove what is true.
Consent is another defense. For example, you are aware someone is going to publish a false statement against you, and you tell them that it’s okay. If you change your mind after it’s published, you may have already consented and don’t have a case for libel.
An opinion is not the same as a fact. A negative opinion published about you would not necessarily be defamation. For example, you own a pizza restaurant. It may be slander for someone to say that you use expired cheese to make your pizza if it is not true. However, they could say they think you have the worst pizza in the world because that is an opinion.
A poor reputation is not a defense, but it can lessen the damage. If you have a bad reputation already, it does not excuse someone from making false statements of fact. However, if you already have a bad reputation, it may be harder to show that you suffered actual harm as a result.
Exceptions for Public Figures and Matters of Public Interest
Generally, there is more room to make false statements about politicians and public figures. The standard for libel and slander is higher for public figures than private figures. In addition to proving a false statement, you also have to show actual malice. Public officials have to show the person who made the statement knew the statement was not true or acted with a disregard for the truth.
There is also a different standard for matters of public concern. Individuals can make honestly held opinions on these matters without committing defamation. However, if they made the allegedly defamatory statement with actual malice or a reckless disregard for the truth, it may be defamatory.
What Compensation Can You Get in a Defamation Case?
If someone’s false statements hurt your reputation, you can seek both actual damages and punitive damages. Actual damages are for the financial and non-economic losses you suffered because of the defamation. This could include costs to your business and emotional distress.
In some cases, you can get punitive damages or exemplary damages. These are damages to punish the person who made the remark. It can also serve as an example to deter others. Punitive damages are generally limited to cases where a defendant acted with malice or a reckless disregard for the truth.
How Can a Defamation Law Attorney Help?
If someone made false statements that harmed your reputation, you can put a stop to it with a defamation lawsuit. A defamation claim is a way to get money for your losses and punish the other person for their reckless actions. But this is a complex process. To learn more about your potential defamation case, talk to an experienced defamation attorney. A lawyer can help you determine whether you have a strong case and the best way to prove your claims.