Can i sue slander

The reason for this distinction is that the First Amendment protects opinions. Distinguishing fact from opinion, however, can be difficult and often depends upon the context and circumstances as a whole.

For example, just because the defamatory speaker uses words like "I think" or "in my opinion" does not mean the statements were merely opinion. Courts will look beyond the actual words used to see whether a reasonable reader or listener could understand the statement as asserting a statement of verifiable fact, i.

Some courts have even stated that statements made on message boards or in chatrooms are probably opinions or hyperbole, unless the context proves otherwise. Generally, public figures must overcome a higher standard to prove that they have been defamed.

Public figures have to prove that the defamer published the statement with "actual malice. A public figure is a person of general notoriety or fame, like a celebrity, CEO, or politician. However, a person that is at the forefront of public controversies in order to influence the resolution of the issues involved, or those who have distinguished themselves in a particular field i.

A limited-purpose public figure only has to prove actual malice with respect to matters related to the discussion or occurrence in which they are considered public figures. Truth may be a complete defense to defamation cases. In other words, if the statement at issue is in fact true, it can't be defamatory. In some states, a defamer that retracts the defamatory statement will receive some protection.

For example, the plaintiff may be denied punitive damages or will be limited to "special damages" the specific monetary losses caused by defamatory statement. Statute of Limitations. The statute of limitations bars a plaintiff from bringing a lawsuit after a certain period of time. In California, for example, the statute of limitations is one year after the defamatory statement was first published. Initially, a blog or website owner could be liable for the defamatory statements made by others on the owner's blog or website, because the owner was publishing the defamatory statements.

Under Section , unless there is an affirmative showing by a plaintiff that an owner of a blog or website is the author of a defamatory message or post, the provider should almost always avoid liability for defamation. However, if the owner actually monitors the messages or posts on his or her blog or website, they may lose the protections afforded by Section Jurisdiction is the authority of the court to hear and decide upon a particular matter. When filing a defamation lawsuit , it is important to understand how slander and libel claims are different.

If you do not, you risk asserting the wrong legal claim—and having your case thrown out before it even begins. Traditionally, libel was defined as defamation in written form. Due to technological advances and the increasing reliance on technology to communicate, most cases involving defamatory speech arise from instances of libel.

While libel is recorded or written defamation, slander is spoken defamation. When you encounter a false statement that is communicated by word of mouth, slander is often at play. Traditionally, courts drew a distinction between spoken or oral defamatory speech and written or recorded defamatory speech because the spoken word is considered more transitory, easily forgotten, and less likely to result in permanent injury.

Thus, courts required proof of special damages as a necessary element to recover damages in slander cases unless the type of slanderous statement was so injurious that harm could be presumed — i. Slander per se is a legal doctrine dictating that a plaintiff can recover general damages without first submitting evidence of actual, pecuniary loss. The doctrine was created based upon a recognition that certain types of defamatory statements are so inherently harmful but that the injury is so difficult to prove, damage can and should be presumed.

In , a federal court recognized that the chastity category of slander per se applies to both genders equally. There have also been occasions where courts have recognized additional categories, only to later dismiss them because they were found to be based upon outdated and inappropriate assumptions about what type of behavior would expose one to public disgrace. For example, for several decades, courts in New York recognized statements falsely imputing homosexuality as a fifth category of defamation or slander per se.

This relatively short-lived fifth category was effectively abolished by the Yonaty court when it found recognition of the category was wholly inconsistent with public policy. It is becoming increasingly rare for defamation lawsuits to fall within the category of slander. Because a large proportion of modern communication takes place through digital media and is written or recorded in some form, most defamation suits are filed as claims of libel. Slander commonly happens when an individual vocalizes a false and damaging statement to a group of people about a third party.

Tonken admitted to falsely accusing Schwimmer of demanding Rolex watches in exchange for appearing at a charity fundraiser. With the advent of modern technology, it has become more difficult to rely solely upon the traditional distinction between slander and libel — i.

The creation of new forms of digital communication, such as Snapchat, that combine the ephemeral nature of the spoken word with the ability for widespread dissemination further blur the line between slander and libel.

Text messaging has revolutionized modern communication and now frequently replaces face-to-face conversations. Everyone has had the experience of sending a text to a family member in the same house, a co-worker a few offices away, or a classmate across the room.

With texts often acting as a substitute for the casual one-on-one conversations we used to have in person, it is logical to wonder: is a defamatory statement conveyed via text message slander or libel?

In , Dr. Luke prevailed on a defamation claim against Kesha, which was based upon a single text sent by Kesha in to one other person. Notably, the text containing the defamatory statement was only discovered through a subpoena issued to the text recipient.

In its reporting on the ruling, Wired magazine discussed why the case was unique and the lingering question of whether text messages should be considered slander or libel. Just because a perpetrator communicates a false statement about you or your business, does not always mean you should automatically file a defamation lawsuit.

Slander can cause extensive damage to its victim, whether they are an individual or a business. We examine both scenarios below. Slander can cause significant damage to both your personal and professional reputation. If a slanderous statement about you makes its way to your employer or coworkers, you may face a loss of professional opportunities, and possibly even unemployment.

In your personal life, slander can cause embarrassment, loss of personal relationships, shame, and even physical symptoms like depression and anxiety.

Businesses can suffer reputational harm from slander just as individuals can. That loss of reputation in the public eye can spiral into other, more concrete effects, such as:.

Deciding whether to sue for defamation depends on the circumstances of your unique situation—which is why it is a good idea to consult an experienced defamation attorney. They can discuss any applicable costs, benefits, and risks, and help you determine whether a lawsuit is right for your situation. The most important thing to remember is that the key reason for choosing to sue for defamation should not be about the money. You may be concerned with the cost of the lawsuit, or intrigued by the potential awarded damages if you win.

But the main deciding factor should be whether pursuing litigation will effectively end the pain and harassment the defamation is causing in your life. Before we examine how you prove your slander case, it is necessary to establish what you must prove to prevail in your claim.

To assert your claim for slander, you will need to plead the following four element s in your complaint and then prove the same at trial:. In order to be considered a false statement, it must be an untrue statement of fact i.

A reasonable person should also understand that the false statement refers to the plaintiff specifically. The false statement must have been communicated to another person. An untrue and harmful statement made by the defendant privately to the plaintiff would not qualify as an actionable defamation claim. The slanderer must also have made the false statements negligently. A negligent level of intent means that the speaker did not take the reasonable steps or precautions an ordinary person would take in a similar situation before communicating the statement.

Public figures and officials, on the other hand, must prove that the defendant acted with actual malice or reckless disregard when communicating the slanderous statement s. Again, actual damage will be presumed if the defamatory statement falls within a slander per se category.

However, if your claim does not fall within one of these categories, or you simply wish to strengthen your defamation case and increase your ability to recover for the harm caused, damages must be established.

In a slander lawsuit, you will rely on the traditional types of evidence to support each element of your claim, including:. The first two elements of a slander claim are, by their nature, more difficult to prove than in a libel claim. Libel is written, recorded, or preserved in a tangible form which means that there is likely a paper — or digital — trail of some form that will easily support these first two elements.

Slander, being spoken, is harder to preserve or pin down. Written defamation is called "libel," while spoken defamation is called "slander. A person who has been defamed can sue the person who did the defaming for damages. Defamation law tries to balance competing interests: On the one hand, people should not ruin others' lives by telling lies about them; but on the other hand, people should be able to speak freely without fear of litigation over every insult, disagreement, or mistake.

Political and social disagreement is important in a free society, and we obviously don't all share the same opinions or beliefs. For instance, political opponents often reach opposite conclusions from the same facts, and editorial cartoonists often exaggerate facts to make their point. The law of defamation varies from state to state, but there are some generally accepted rules. If you believe you are have been "defamed," to prove it you usually have to show there's been a statement that is all of the following:.

Let's look at each of these defamation claim elements in detail. First, the "statement" can be spoken, written, pictured, or even gestured.

Because written statements last longer than spoken statements, most courts, juries, and insurance companies consider libel more harmful than slander. Of course, it could also have been written in magazines, books, newspapers, leaflets, or on picket signs.

A defamatory statement must be false -- otherwise it's not considered damaging. Even terribly mean or disparaging things are not defamatory if the shoe fits. Most opinions don't count as defamation because they can't be proved to be objectively false.

For instance, when a reviewer says, "That was the worst book I've read all year," she's not defaming the author, because the statement can't be proven to be false. The statement must be "injurious. Someone who already had a terrible reputation most likely won't collect much in a defamation suit. Finally, to qualify as a defamatory statement, the offending statement must be " unprivileged. For example, witnesses who testify falsely in court or at a deposition can't be sued.