Terms
Slander
Slander is defined as the act of making false and injurious statements that do injury to a person's reputation. Both slander and libel are forms of defamation. Slander is defamation that is spoken, while libel is defamation that is written. Slander can include any false statement which does injury to a person's business or personal reputation and can relate to the person's character, morals, ability, business practices, or financial status. The victim of slander has the legal right file a civil lawsuit against the person who committed the slander to seek compensation for their damages.
United States slander laws are less plaintiff friendly than the laws of other democratic countries. This is in large part due to the protections offered to US citizens by the first amendment of our constitution. The first amendment guarantees free speech rights to all citizens, and therefore restricts the legal options available to those who are aggrieved by this speech. Both federal and state laws do, however, provide protections to those who are the victims of slander.
State laws regarding slander can vary considerably. Some lump both slander and libel into the same category of offenses, some laws are outdated and rarely prosecuted, and other laws are more specific and comprehensive. In most states the defendant in a slander case will only be charged with a single claim for the primary slander offenses, rather than a claim for each instance of slander. Slander statistics show that approximately seventy five percent of all civil cases involving slander are handled in state courts and twenty five percent in federal courts.
In most slander legal cases the defendant is a mass media entity such as a news organization. Newspapers are the most common defendant in defamation cases, and they are involved in defamation cases twice as often as TV stations. Because slander is spoken, however, newspapers are not typically the defendant in these cases. Other defendants in a slander case can be political or social figures or groups.
By definition, slander is the act of publicizing false statements that cause injury to the reputation of one person. Therefore, the plaintiff in a slander case must be a single individual. The most common plaintiffs in a slander case are business professionals, entertainers, and other public figures. Most states do not allow a slander lawsuit to be filed on behalf of a person who is deceased.
The defendant is a slander case has many potential points in his favor. A slander case may be dismissed if the injurious statements were stated as opinion rather than fact; if they are deemed "fair comments and criticisms"; if they do not actually do injury to the plaintiff's reputation; or if the statements were true. The plaintiff in a slander case must also prove that the defendant acted negligently or with malice in order to win a case. If you would like to learn more about slander cases, please contact us to speak with a qualified and experienced attorney who can evaluate your case to determine how best to protect and maximize your legal interests.
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