Fight Libel and Slander With the Right Attorney
Libel and slander are different types of defamation, both of which can be equally harmful to your reputation. If you are a victim of defamation, it’s important to learn your options. Getting in touch with an experienced libel and slander attorney can help you safeguard your rights and your good name.
At Late Night Law, we fight to restore your good name. Schedule a free attorney consultation today.
Libel vs. Slander – The Key Differences Explained
Defamation is a form of speech that is not protected by the First Amendment. Defamation occurs when a false statement made to third parties damages the reputation of an individual or a business. There are different types of defamation, such as libel and slander.
Libel
Libel refers to written, published or broadcast defamation, such as in newspapers, blogs, books, social media posts, radio or TV broadcasts, or online videos. Online libel is particularly harmful, because it tends to stick around for longer and can be easily shared and stored.
Slander
Slander refers to defamation that is verbalized or spoken to a third party, usually in an interpersonal conversation, such as in-person or over the phone.
It is sometimes said that libel is “written defamation,” while slander is “spoken defamation.” That is not quite accurate, because when “spoken defamation” is published in, say, video form on YouTube, or broadcast on the radio, that is libel (because the statement is “published”) even if the defamation in the YouTube video or radio broadcast is spoken, as opposed to written down.
Libel and Slander Damage Your Reputation
Both libel and slander damage your reputation. However, proving slander may be more difficult than proving libel. This is because libel (i.e., published defamation) tends to leave a trail of written or recorded evidence.
Libel Can Be Longer-Lasting Than Slander
Compared to slander, libel tends to be seen as more permanent. Just think of how many people may read a newspaper, or how viral a social media post can become. Additionally, published statements may circulate for longer, particularly through search engines like Google. This can create more severe and lasting damage to the subject’s reputation.
Slander Can Be More Difficult to Prove Than Libel
Libel is typically easier to prove, because it involves written or recorded evidence. Slander usually requires clear and reliable witness testimonies.
Libel and Slander May Be “Per Se” or “Per Quod”
Defamation “per se” is a doctrine that recognizes certain types of defamatory statement as intrinsically damaging, so that the victim need not prove money damages in order to sustain a claim. On the other hand, defamation “per quod” refers to any statement that requires extrinsic evidence or innuendo to establish its defamatory nature. In most states, libel and slander may be “per se,” or “per quod.”
Legal Damages for Defamation Victims
If you are a victim of slander or libel, you may be able to recover money damages in a lawsuit, though this is not guaranteed. Damages for libel and slander may include:
Compensatory Damages
These cover financial losses such as lost earnings or lost income caused by slander or libel. Compensatory damages may also cover non-economic damages, like emotional distress.
Punitive Damages
These types of damages are awarded to punish the behavior of the person who made the defamatory statements, with the goal of deterring further defamation.
Presumed Damages
When libel or slander is intrinsically damaging to your reputation, it may constitute defamation “per se,” meaning that the law presumes the defamation to be damaging to your reputation, so that specific damage need not be proven. Presumed damages in libel and slander cases may be available in most states, though not in New Mexico.
A libel and slander attorney can help you fight for fair compensation. Contact us for a free consultation today.
Supreme Court Cases Set Guidelines for Libel and Slander Cases
The common law of libel and slander is a matter of state law. However, U.S. Supreme Court case law—which is federal law—sets important guidelines in libel and slander cases. These federal guidelines aim to balance First Amendment rights with the right of individuals and businesses to protect their reputation against libel and slander.
In 1964, the Supreme Court in New York Times Co. v. Sullivan held that public officials, when defamed, must prove that the defamation was committed with “actual malice,” meaning intentionally, or with reckless disregard for the truth. In 1974, in Gertz v. Robert Welch Inc., the Supreme Court extended this requirement to “public figures,” meaning both household name celebrities, and persons who achieve public exposure as commentators or experts on particular topics of public discussion. Under the Sullivan and Gertz “actual malice” standard, state courts remain free to penalize negligent defamation against private individuals; but when libel or slander are directed against you, it will be harder to prove your case if you are a public figure.
In 1984, the Supreme Court in Milkovich v. Lorain Journal Co. held that opinion statements are privileged from libel and slander liability under the First Amendment. However, state and federal courts have subsequently refined this doctrine to distinguish between opinion statements that imply a factual basis, and statements of pure opinion.
In 1990, the Supreme Court in Calder v. Jones held that a state court will have jurisdiction over libel claims based on out-of-state publications when those publications are intended to damage the plaintiff in the forum state. The Calder decision still controls questions of jurisdiction in defamation cases. This is important to keep in mind, given that so much of today’s defamatory activity is committed online, across state lines.
The case law established in these and other U.S. Supreme Court cases may affect the viability of your libel and slander claims.
What to Do if You’re a Victim of Libel or Slander
If you believe you are a victim of libel or slander, the first step to take is to contact a libel and slander lawyer. A free consultation will help us give you a sense of what options you may have to fight back against libel and slander.
If you are a victim of libel or slander, it is important to get in touch with a libel and slander attorney quickly, as fast action can help mitigate the damage to your reputation.
How a Libel and Slander Attorney Can Help Your Defamation Case
Having a libel and slander attorney by your side is essential in any defamation case. A dedicated defamation lawyer can help you protect your rights, vindicate your good name, and seek damages. Get in touch with a libel and slander attorney at Late Night Law, at (505) 225-2623 and schedule your free initial consultation to get started.