Defamation of Character Lawyer

Defamation of Character

Defamation of character occurs when false statements damage your reputation. Whether you’re being blasted on social media, or your business is being review bombed, defamation of character can be devastating. It destroys livelihoods, relationships, and careers. 

When our clients are targeted by defamation, we fight for them, and help restore their peace of mind. At Late Night Law, our defamation of character lawyer can help protect your reputation and uphold your rights. Contact us today to schedule a free initial consultation. 

Defamation of Character: Key Elements

Defamation is a form of speech. However, the First Amendment does not strongly protect defamation. That means that you can be sued for it. Defamation is defined as a false statement that damages another person’s reputation. To prove defamation, you must show the following elements:

A false statement
Made without privilege
About a person
To a third party
Understood by the third party to have a defamatory meaning
Causing injury to the person’s reputation
Made intentionally, recklessly or negligently

These are the basic elements of a defamation claim. However, there are many other aspects of defamation law.

Intent matters

When it comes to defamation of character, intent matters. That’s because a public official or a public figure who brings a defamation lawsuit must meet a heightened standard of proof.

There are two types of public figure: a general public figure is a famous person or a household name celebrity. A limited purpose public figure is someone who voluntarily places themselves in the public eye with respect to a particular public controversy or subject matter.

When the victim of defamation is a public figure, he must prove that the false statement was made with actual malice. This means that the statement was an intentional lie, or was made with reckless disregard for the truth. However, when the victim is a private citizen, he must prove that the false statement was at least made negligently.

Whether online or in the community, defamation of character can impact the reputations of individuals as well as businesses. With the right defamation of character lawyer on your side, you can identify when defamation of character is occurring, and take appropriate steps to uphold your rights.

Defamation comes in different forms

Defamation of character can take different forms. These include:

Libel. Libel refers to written, published or broadcast defamation, such as in newspapers, blogs, books, social media posts, radio or TV broadcasts, or online videos. Online libel is particularly harmful, because it tends to stick around for longer and can be easily shared and stored.

Slander. Slander refers to a defamatory statement that is verbalized in an interpersonal conversation. People often say that libel is “spoken defamation,” while slander is “written defamation.” That is not quite accurate, because when “spoken defamation” is posted in video format over the internet, or broadcast on television or radio, that is libel (because it is “published”) even if the defamation in the is not exactly in print.

Not all states recognize a legal distinction between libel and slander. Either way, a statement is considered defamatory when it is directed at others and harms a person’s reputation. A libel and slander attorney can help you develop the best legal strategy for your needs.

PROOF OF DAMAGES IS NOT ALWAYS REQUIRED

Defamation per se is a doctrine that recognizes certain types of defamatory statement as intrinsically damaging, so that the victim does not have to prove damages. Traditionally, the four types of defamation that meet this criteria are: (1) false accusation of a criminal offense, (2) false accusation of professional misconduct or incompetence, (3) false accusation that you have a contagious disease, and (4) false accusations of promiscuity, or impotence.

Some states no longer recognize the doctrine of defamation per se, and require that damages be proven in all defamation cases. However, most states still do recognize defamation per se.

Defamation of Character on Social Media

Online defamation of character is increasingly common, and severe. Unlike traditional media, online defamation can go viral, causing long-lasting damage to the victim. Our social media defamation lawyer can help you determine whether statements made online, whether on Instagram, X, TikTok, YouTube, or other platforms, may constitute defamation. 

Because online and social media defamation are new phenomena, they present unique challenges. This includes identifying anonymous parties, and dealing with the global reach of the internet. What’s more, social media can be a breeding ground for other illegal actions, such as doxxing, cyberstalking, harassment, and revenge porn. If you are the victim of any of these activities, contact us for a free consultation with a defamation of character lawyer.

Defamation liability has strict limits

Defamation liability has strict limits. This means that you cannot always hold someone accountable for defamation, even when their statements about you are false or damaging. These legal limitations include:

Substantial Truth: True statements are the highest form of protected speech under the First Amendment. You cannot bring a defamation lawsuit in response to a true statement, no matter how damaging it is. Importantly, minor inaccuracies will not deprive a defendant of this protection, so long as the statements are substantially true.

Opinion Is Protected: The First Amendment also strongly protects opinion statements. This is because opinions are not falsifiable. However, while statements of pure opinion are protected, statements of opinion that imply a fact basis can be considered defamatory under the law.

Absolute Privilege: The absolute privilege is a common law doctrine that prohibits defamation lawsuits arising from statements made in court, in administrative hearings, and in legislative sessions. Many states also apply the privilege to statements made outside of court, if they are reasonably connected to ongoing litigation.

Qualified Privilege: Many states also apply a qualified privilege to certain types of statement. This means a plaintiff must show that the statement was an intentional lie, or was made with reckless disregard for the truth. Some states apply a qualified privilege to police reports,

Statute of Limitations: The statute of limitations is a law that sets time limits for bringing lawsuits. The statute of limitations for defamation differs from state to state. Most states impose a one-year statute of limitations. A minority of states impose a two or three year statute of limitations.

Tort Claims Immunity. A tort claims act is a law that limits the kinds of lawsuits that can be brought against the government, or against government officials. Most states, and the federal government, have a tort claims act that prohibits plaintiffs from suing the government for defamation.

Effects Test for Jurisdiction: The “effects test” is a doctrine first promulgated by the U.S. Supreme Court in a defamation case called Calder v. Jones. This is a test for jurisdiction that determines whether a plaintiff can bring a defamation suit in their home state when the defendant is a resident of another state. Under the effects test, the plaintiff must show that the defamatory statement was specifically targeted at the forum state, rather than just having a random or casual impact there.

Single Publication Rule. Most states impose a “single publication rule.” This means that a single publication cannot form the basis of more than one cause of action, even if the publication caused numerous types of harm.

DEFAMATION INVOLVES BOTH STATE & FEDERAL LAWS

Defamation is Defined by State Law. In the United States, defamation is traditionally a matter of state common law. This means that state court jurisprudence and state statutes are the primary source of defamation law. These laws differ from state to state. Navigating them can be complex, making it essential to work with an experienced defamation of character attorney.

The First Amendment Controls. Although defamation is a matter of state law, federal First Amendment jurisprudence provides key guidelines that all states must adhere to. U.S. Supreme Court doctrines set the standard of proof. They also determine when state courts have jurisdiction over defamation claims against out-of-state defendants, which is a very important consideration in the era of social media, when defamation frequently occurs across state lines.

Steps to take when you are the target of defamation

If you are a victim of defamation of character, revenge porn, online harassment, or invasion of privacy, it is important to act fast. Here are some of the steps to take to safeguard your rights:

Act Quickly. State statutes of limitations may limit your claims for defamation of character.
Keep Records. Collect all relevant evidence such as screenshots, recordings, and publications of the defamation. You should also document any financial or career-related impact you have suffered. 
Evaluate the impact the defamatory statements have had on your life. It is important to evaluate the impact of defamatory statements, as this can help the attorneys to understand your case and formulate an appropriate strategy.
Talk to a Defamation of Character Lawyer. A defamation of character lawyer can help you understand defamation law and assess your options.

WHY WORK WITH LATE NIGHT LAW?

Selecting the right legal representation can make a big difference. At Late Night Law® our attorney has experience protecting victims of defamation and fighting in their corner.  Here’s what to expect from our legal team:

Experience. With our experience in defamation cases, Late Night Law® offers solid legal representation and unique insights in the process of litigating defamation claims. 

Unique Strategies. With an approach focused on libel, slander, and social media defamation, the attorneys at Late Night Law® can help address each case using custom strategies to achieve the best possible outcome for victims.

Client Support. At Late Night Law®, we understand how devastating defamation can be. That is why we provide prompt communication, timely updates, and customized help, to bolster your peace of mind at every step of the way. 

Late Night Law is Your Partner IN THE Fight AGAINST Defamation

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 Texas, contact us at (505) 225-2623 to schedule a free consultation with a defamation attorney today.

The content on this website is intended for general informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship between you and Late Night Law. Please consult an attorney for individualized advice if you have a legal matter.