Defamation is a form of speech that is not protected by the First Amendment. It is defined as “malicious or groundless harm to the reputation or good name of another by the making of a false statement to a third person.” (Black’s Law Dictionary, 11th ed.)
For centuries, the Anglo-American common law has recognized defamation as a civil cause of action, and many recent defamation cases are well-known, e.g., Depp v. Heard, Va.Cir.Ct. No. CL-2019-0002911; Dominion Voting Systems, Inc. v. Fox News Network, Del.Super. N21C-03-257; as well as a series of cases filed by parents of Sandy Hook shooting victims, against alt-media personality Alex Jones.
But while civil plaintiffs’ attorneys have been filing defamation cases for ages, “defamation law” as such has never really been a dedicated area of practice like bankruptcy, intellectual property, or criminal defense. In other words, traditionally, attorneys have not specialized or focused their practices in defamation.
With the rise of the internet, the smartphone, and social media, that is beginning to change. Because today it is easier than ever before to harm a person’s reputation, a handful of law firms around the country are beginning to practice defamation law as a full-time, dedicated field of practice.
Here at LATE NIGHT LAW, we are among the small handful of pioneering firms that practices defamation law full-time.
Just what does it mean to practice defamation law? It means that our primary concern is with your reputation. If someone is threatening your reputation, we use legal means to put a stop to that threat. The result we’re after in any given case is for the client to sleep better at night, knowing that their reputation no longer under attack.
The most common threat we deal with is some form of false claim being published about our clients on social media. We also frequently encounter cases where a client is the subject of unfavorable press coverage, typically online, in a manner that generates adverse Google search results for the person’s name or business. Other threats we typically encounter are doxxing, review bombing, and cyberstalking.
It is important to understand that the practice of defamation law does not just mean filing defamation lawsuits. In fact, litigation is only one part of what we do. In many cases, we are able to resolve matters in pre-litigation, meaning without the need to go to court. Although we are able to litigate cases all the way to trial if necessary, resolving cases in pre-litigation saves time and money for our clients. We have various ways of attaining favorable outcomes in defamation scenarios without the cost and hassle of litigating.
Then there is active litigation. This may involve a lawsuit for defamation, but often there are other causes of action that may be more appropriate to pursue. At LATE NIGHT LAW, we have experience litigating cases under the First Amendment, whistleblower protection statutes, federal labor laws, civil rights laws, anti-discrimination statutes, as well as common law causes of action like defamation, tortious interference with contract, and civil extortion.
We may also pursue restraining orders or other types of injunctions, whether in civil court, or in domestic violence court. Cyberstalking scenarios are often appropriate cases to bring to domestic violence court. Because frivolous cases are sometimes filed in domestic violence court, where an adverse finding can harm the respondent’s (or defendant’s) reputation, we also defend clients in domestic violence court against allegations of stalking and harassment.
If you have a defamation matter, or if your reputation is under attack, contact LATE NIGHT LAW to discuss your options with a defamation attorney, at (505) 225-2623. We are licensed in the state of Washington, and in New Mexico.
This article is not legal advice, and does not create an attorney-client relationship between the reader and Late Night Law. Please consult an attorney for individualized advice if you have a legal matter.