The law of defamation protects a person's reputation from false
communications attacking one's honesty, integrity, sanity or the like.
Defamation which is written is called libel. When the communication is
oral it is called slander.
Since the landmark decision in New York Times v. Sullivan
(1964), the U.S. Supreme Court has recognized that the law of
defamation involves Constitutional elements. The Court has balanced
individual interests in reputation with the interests of free speech
among society. Thus, where a communication is about a public official
or figure, or where the communication is about a matter of public
concern, the courts have given more latitude to the speaker. Where the
defamation is directed at a person or company who is neither a public
official nor a public figure, the defaming person may be responsible
for damages.
Generally, the elements that must be shown for libel or slander
include: (1) a false and defamatory statement, (2) the defamatory
language must identify the plaintiff to a reasonable reader or
listener; (3) publication of the defamatory language to a third person,
not just the plaintiff, and (4) damage to the reputation of the
plaintiff. Damages are typically to the reputation of the plaintiff and
it is usually necessary to show financial harm. In some circumstances,
however, damages can be presumed due to the nature of the statement
made.
There are many defenses available to people accused of defamation
such as the truth of the statement, that the speaker enjoys some
special privilege, consent to the publication of the statement by the
plaintiff, and that the statement amounts to a report of a public
proceeding.
A person harmed by a false statement should carefully consider his
options in pursuing a libel or slander claim. Sometimes possible
publicity surrounding the litigation may result in the statement
reaching a wider audience and cause greater possible harm to reputation
than when the statement was first made. If you believe you have been a
victim of defamation, our attorneys would be happy to discuss your
situation and weigh all of the options and considerations. Contact
Peter T. Rodgers, Esq at prodgers@lacykatzen.com or Jacqueline M. Thomas, Esq. at jthomas@lacykatzen.com.