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. Libel refers to defamatory statements that are published in some kind of fixed medium, such as a newspaper, or on social media.
Defamation Is Not a Criminal Offense
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 pretty ancient. In many states, including New Mexico and Washington, they even pre-date statehood. See RCW 9.58.010. Since 1964, when the Supreme Court first constitutionalized defamation law in New York Times Co. v. Sullivan, criminal statutes against libel have mostly gone unenforced and have slowly come to be considered unconstitutional. For example, the last time a New Mexico state appellate court heard an appeal stemming from a criminal prosecution for libel was in 1992. In 2008, Washington state’s criminal libel law was struck down altogether by the Washington Court of Appeals.
But that’s not where the story ends, because all 50 states have criminal laws against stalking and harassment that may be applicable in defamation scenarios.
When Defamation Law Applies to Criminal Harassment
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. Often, these crimes coincide with 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.
At LATE NIGHT LAW we are civil law practitioners. For that reason, 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.
Late Night Law® is a dedicated defamation, privacy and social media law firm. If you are the target of doxxing, defamation or cyberstalking in New Mexico, in Washington, or in Texas, contact us at (505) 225-2623 to schedule a free consultation with a defamation attorney today.
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.
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