Over the past few years, journalists have been raising alarm bells about defamation attorneys stifling freedom of speech. At LATE NIGHT LAW, we fight for freedom of speech by litigating First Amendment claims here in New Mexico. But we also believe that defamation law provides important recourse to victims of reputational attacks, especially in the era of social media.
Free speech is among the highest of our American values, but we should keep in mind that the real purpose of free speech is the search for truth. As Thomas Jefferson said, “Reason and free inquiry are the only effectual agents against error.”
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; and Dominion Voting Systems, Inc. v. Fox News Network, Del.Super. N21C-03-257. The framers of the First Amendment were well aware of the common law of defamation and had no intent to limit it. Indeed, the Supreme Court imposed no constitutional limitations on common law defamation suits until the 1960s.
But while attorneys have been bringing defamation lawsuits for ages, “defamation law” as such has never really been a dedicated area of practice like bankruptcy, intellectual property, or criminal defense. In the era of 24/7 social media, that is beginning to change.
Just what does it mean to practice defamation law? It means that our primary concern is with your reputation. If someone is defaming you, we use legal means to put a stop to the defamation. The essential result we’re after in all of our cases is for you to sleep better at night, knowing that your reputation is no longer under attack.
The fact is that defamation does not further the search for truth. As Justice Kagan said during her confirmation hearing, “Reputational harm is real harm, and the legal system should not pretend that it is not.”
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 Washington state, 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.