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 spate of recent defamation cases filed by Donald Trump, e.g., Trump v. Murdoch et al., No. 1:25-cv-23232 (S.D. Fla. 2025); Trump v. American Broadcasting Companies, Inc., et al., No. 1:24-cv-21050 (S.D. Fla. 2024); and Trump v. Cable News Network, Inc., No. 0:22-cv-61842 (S.D. Fla. 2022); and 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 now practicing defamation law as a full-time, dedicated field of practice. Here at LATE NIGHT LAW, we are among the small handful of those pioneering firms.
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. We also practice defamation defense—meaning that, if you are accused of defamation based on statements you made that are verifiably true, we want to defend you and vindicate your First Amendment rights.
The most common reputational threat we deal with in plaintiffs’-side practice 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 (or defending) 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 litigate many of our cases, resolving cases in pre-litigation, where possible, saves time and money for our clients and eases litigation burdens on the court system and the taxpayers.
Then there is active litigation. This may involve a lawsuit for defamation, but in many defamation-adjacent scenarios 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 tortious interference with contract, malicious abuse of process, 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 sometimes 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 (i.e., the 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.