Defamation is a form of speech that is not protected by the First Amendment. It is defined as a false statement, made about a person to third parties, which damages that person’s reputation. Defamation is generally treated as a civil wrong, meaning that you can be sued for it. However, in some states, anti-defamation statutes remain on the criminal code.
These laws are generally pretty ancient. In many states, including New Mexico and Washington, they even pre-date statehood. See RCW 9.58.010. These criminal libel statutes have been mostly unenforceable since 1964, when the Supreme Court first constitutionalized defamation law in New York Times Co. v. Sullivan. For example, the last time a New Mexico higher court heard an appeal stemming from a criminal prosecution for defamation was in 1992. In 2008, Washington state’s criminal libel law was struck down by the Washington Court of Appeals.
But that’s not where the story ends, because all 50 states have criminal laws against harassment that may be applicable in defamation scenarios, and because defamation scenarios sometimes coincide with other crimes, such as stalking.
The criminal code in most states defines harassment as a crime, although the way each state defines harassment may vary. In New Mexico, harassment is a misdemeanor that “consists of knowingly pursuing a pattern of conduct that is intended to annoy, seriously alarm or terrorize another person and that serves no lawful purpose. The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress.” N.M.S.A. § 30-3A-2(A).
In Washington state, harassment is a gross misdemeanor (i.e., more serious than a misdemeanor but not as serious as a felony) and is defined as a credible threat of property damage, physical harm, or physical confinement, made knowingly and without lawful authority. RCW 9A.46.020.
Furthermore, assault (i.e., a threat of unwanted physical contact) and domestic violence are crimes in all fifty states, and often, these crimes coincide with reputational attacks and online defamation. In other words, civil wrongs being committed against you may also run afoul of criminal law, even though defamation itself is no longer considered a crime.
Because at LATE NIGHT LAW we are civil law practitioners, when a client who is being defamed has reasonable or urgent grounds to file a criminal complaint, that is something separate from our services.
If you believe that you are in physical danger, or that someone who is defaming you may have committed a crime against you, it may be necessary for you to call law enforcement. However, defamation by itself is no longer a crime.
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.