A Libel and Slander Attorney Can Help You Determine Your Legal Recourse.

Libel and slander are different types of defamation, both of which can be equally harmful to your reputation. If you are a victim of defamation, it’s important to learn your options. Getting in touch with an experienced libel and slander attorney can help you safeguard your rights and your good name. 

At Late Night Law, we help you navigate the legal journey ahead, provide support and answers, and fight to restore your good name. Book your initial consultation today. 

Libel vs. Slander – The Key Differences Explained

Defamation is a form of speech that is not protected by the First Amendment. Defamation occurs when a false statement made to third parties damages the reputation of an individual or a business. There are different types of defamatory statements. The main two are:

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 defamation that is verbalized or spoken to a third party, usually in an interpersonal conversation, such as in-person or over the phone.

Libel and Slander Damage Your Reputation

Both libel and slander damage your reputation. However, proving slander may be more difficult than proving libel. This is because libel (i.e., published defamation) tends to leave a trail of written or recorded evidence.

Libel Can Be Longer-Lasting Than Slander

Compared to slander, libel tends to be seen as more permanent. Just think of how many people would read a newspaper or how viral a social media post can become. Additionally, written statements remain available to the public for longer, particularly through search engines like Google. This can create more severe and lasting damage to the subject’s reputation. 

Slander Can Be More Difficult to Prove Than Libel

Libel is typically easier to prove, because it involves written or recorded evidence. Slander usually requires clear and reliable witness testimonies. 

Libel and Slander May Be “Per Se” or “Per Quod”

Defamation “per se” is a doctrine that recognizes certain types of defamatory statement as intrinsically damaging, so that the victim need not prove money damages in order to sustain a claim. On the other hand, defamation “per quod” refers to any statement that requires extrinsic evidence or innuendo to establish its defamatory nature. Libel and slander may be “per se,” or “per quod.”

Legal Damages for Defamation Victims

If you are a victim of slander or libel, you may be able to recover money damages in a lawsuit, though this is not guaranteed. Damages for libel and slander may include:

Compensatory Damages

These cover financial losses such as lost earnings or lost income caused by slander or libel. Compensatory damages may also cover non-economic damages, like emotional distress.

Punitive Damages

These types of damages are awarded to punish the behavior of the person who made the defamatory statements, with the goal of deterring further defamation. 

Presumed Damages

When libel or slander is intrinsically damaging to your reputation, it may constitute defamation “per se,” meaning that the law presumes the defamation to be damaging to your reputation, so that specific damage need not be proven. Presumed damages in libel and slander cases may be available in Colorado, but not in New Mexico.

Partnering with an attorney for libel and slander can help you fight for fair compensation for what you’ve experienced. Contact us for a free consultation today.

Supreme Court Cases Set Guidelines for Libel and Slander Cases

U.S. Supreme Court case law—which is federal law—sets important guidelines in libel and slander cases. These federal guidelines aim to balance First Amendment rights with the right of individuals and businesses to protect their reputation against libel and slander.

Over the years, libel and slander laws have been refined to promote this balance. In 1964, the Supreme Court in New York Times Co. v. Sullivan’s landmark case held that a public figure (i.e., a famous person or public official) must prove that defamation was committed with “actual malice,” meaning intentionally, or with reckless disregard for the truth. Under the Sullivan standard, state courts remain free to penalize negligent defamation against private individuals. This means that when libel or slander are directed against you, it will be harder to prove your case if you are a public figure.

In 1984, the Supreme Court in Milkovich v. Lorain Journal Co. held that opinion statements are privileged from libel and slander liability under the First Amendment. However, state and federal courts have subsequently refined this doctrine to distinguish between opinion statements that imply a factual basis, and statements of pure opinion.

In 1990, the Supreme Court in Calder v. Jones held that a state court will have jurisdiction over libel claims based on out-of-state publications when those publications are intended to damage the plaintiff in the forum state.

The case law established in these and other Supreme Court cases may affect the viability of your libel and slander claims.

What to Do if You’re a Victim of Libel or Slander

If you believe you are a victim of libel or slander, the first step to take is to contact a libel and slander lawyer. A free consultation will help us give you a sense of what options you may have to fight back against libel and slander. These options may include:

• Cease and desist letters to the person committing libel or slander
• Settlement demand letters to stop the libel or slander
• Content removal requests to social media platforms or news outlets, to remove content that contains libel or slander
• Filing a lawsuit against the person committing libel or slander

It’s important to get in touch with a libel and slander attorney quickly after realizing you’ve been the victim of defamation, as fast action can help mitigate the damage to your reputation.

How a Libel and Slander Attorney Can Help Your Defamation Case

Having a libel and slander attorney by your side is essential in any defamation case. A dedicated defamation lawyer can help you protect your rights, regain your good name, and seek damages. Get in touch with a libel and slander attorney at Late Night Law at (505) 225-2623 and schedule your free initial consultation to get started.