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, such as Johnny Depp’s defamation lawsuit against Amber Heard, and the Dominion Voting Systems defamation suit against Fox News.
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.
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 most common type of defamation we deal with occurrs on social media. We also frequently encounter cases where a person or business is has received unfavorable press coverage that generates harmful Google search results. 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 taxpayers and the court system.
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. For example, we have experience litigating First Amendment claims, whistleblower protection claims, as well as claims brought under 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; and cyberstalking scenarios are sometimes appropriate to bring to domestic violence court.
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.