Slander and libel

In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someone's reputation. "Defamation" is however the generally-used term internationally, and is accordingly used in this article where it is not necessary to distinguish between "libel" and "slander".

United States law

US defamation law is often less plaintiff-friendly than its counterparts in European and Commonwealth countries. This is because of the First Amendment's strong protection of free speech, which arose from the tradition of dissent that led to the American Revolutionary War. One very important distinction today is that European and Commonwealth jurisdictions adhere to a theory that every publication of a defamation gives rise to a separate claim, so that a defamation on the internet could be sued on in any country in which it was read, while American law only allows one claim for the primary publication (see Defamation and intellectual property jurisdiction website).

Related Topics:
US - Commonwealth - First Amendment - Free speech - Dissent - American Revolutionary War

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In the United States, about 75% of defamation lawsuits are filed in state courts, and the remaining 25% in federal courts. A comprehensive discussion of what is and is not libel or slander is difficult, because each state's definition differs. Some states lump slander and libel together into the same set of laws. Some states have criminal libel laws on the books, though these are old laws which are infrequently prosecuted.

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Most defendants in libel lawsuits are newspapers, which are involved in about twice as many lawsuits as are TV stations. Most plaintiffs are corporations, business people, entertainers and other public figures, and inmates. Most states do not allow defamation lawsuits to be filed if the allegedly defamed person is already deceased. None of the states allow the plaintiff to be a group of people.

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In the various states, whether by case law or actual legislation, there are generally several "privileges" that can get a defamation case dismissed without proceeding to trial. These include the allegedly defamatory statement being one of opinion rather than fact; or being "fair comment and criticism", as it is important to society that everyone be able to comment on matters of public interest.

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If a defamation lawsuit actually gets to trial, truth is a "defense." Another is if the allegedly defamatory statement is not actually capable of being defamatory—an insulting statement that does not harm someone's reputation is prima facie not libelous. Another defense that is presented by accused media companies is "fault"—a series of court rulings led by New York Times Co. v. Sullivan, 376 U.S. 254 (1964) established that for a plaintiff to win a libel case, "actual malice" or "reckless negligence" must be proved on the part of the defendant if the statement in question is about a public official or public figure. In the case of a private figure, the plaintiff must merely prove negligence.

Related Topics:
Prima facie - New York Times Co. v. Sullivan - 376 U.S. 254 - 1964 - Actual malice - Public official

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The Associated Press estimates that 95% of libel cases involving news stories do not arise from high-profile news stories, but "run of the mill" local stories like news coverage of local criminal investigations or trials, or business profiles. "Media liability insurance" is available to newspapers to cover potential damage awards from libel lawsuits.

Related Topics:
Associated Press - Insurance

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History

Laws regulating slander and libel in the United States began to develop even before the American Revolution. In one of the most famous cases, New York publisher John Peter Zenger was imprisoned for 8 months in 1734 for printing attacks on the governor of the colony. Zenger won his case and was acquitted by jury in 1735 under the counsel of Andrew Hamilton. The case established some precedent that the truth should be an absolute defense against libel charges. Previous English defamation law had not provided this guarantee. This impacted the later formers of the U.S. constitution including Governeur Morris who said

Related Topics:
American Revolution - New York - John Peter Zenger - 1734 - 1735 - Andrew Hamilton

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:The trial of Zenger in 1735 was the germ of American freedom, the morning star of that liberty which subsequently revolutionized America.

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Zenger's case also established that libel cases, though they were civil rather than criminal cases, could be heard by a jury, which would have the authority to rule on the allegations and to set the amount of monetary damages awarded. -Source?

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Although the First Amendment of the U.S. Constitution was designed specifically to protect freedom of the press, the Supreme Court long neglected to use it to rule on libel cases, leaving libel laws mixed across the states. In 1964, however, the court issued an opinion in New York Times Co. v. Sullivan, dramatically changing the nature of libel law in the United States. In that case, the court determined that public officials could only win a suit for libel if they could demonstrate "actual malice" on the part of reporters or publishers. In that case, "actual malice" was defined as "knowledge that the information was false" or that it was published "with reckless disregard of whether it was false or not." This decision was later extended to cover "public figures", although the standard is still considerably lower in the case of private individuals.

Related Topics:
U.S. Constitution - Supreme Court - 1964 - New York Times Co. v. Sullivan - Actual malice - Information

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In 1974, in Gertz v. Robert Welch, Inc., (418 U.S. 323), the Supreme Court ruled that a plaintiff could not win a libel suit when the statement(s) in question were of opinion rather than fact. In the words of the court, "under the First Amendment, there is no such thing as a false idea". For example, contrast "I think Jo is a bad lawyer", which is opinion, with "Jo doesn't know the law", which is defamatory per se. In Gertz, the Supreme Court also established a mens rea or culpability requirement for defamation; states cannot impose strict liability because that would run afoul of the First Amendment. This holding differs significantly from most other common law jurisdictions, which still have strict liability for defamation.

Related Topics:
1974 - Gertz v. Robert Welch, Inc. - Mens rea - Culpability - Strict liability

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In 1988, in Hustler Magazine v. Falwell, (485 U.S. 46), the Supreme Court ruled that a parody advertisement claiming Jerry Falwell had engaged in an incestuous act with his mother in an outhouse, while false, could not be subject to damages for emotional distress because the statement, in effect, was of a character as being so obviously ridiculous that it was clearly not true, and thus it could not be libelous if no one would seriously believe it. The court overturned a lower court's upholding of an award where the jury decided against the claim of libel but awarded damages for emotional distress.

Related Topics:
1988 - Hustler Magazine v. Falwell - Parody advertisement - Jerry Falwell - Incest

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