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    • Defamation, Harm to Reputation, and Free Speech
    • The Essential Elements of Defamation
    • Slander Versus Libel
    • Defamation Damages
    • Defenses to A Defamation Claim

    The essential harm alleged in a defamation claim is often defined as something along the lines of "damage to the plaintiff's reputation in the community." Because reputation is such an intangible thing, and because of the tendency of some people to react strongly to perceived insults, defamation has evolved—over centuries of legal decisions—into a ...

    The two kinds of defamation (slander and libel) are discussed below. The essential elements of either kind typically include 1) a defamatory statement 2) that is "published" to a third party (someone other than the plaintiff and the defendant). Defamation laws vary from state to state, but a "defamatory statement" is usually defined as one that an ...

    Before the advent of modern media, there were only two kinds of communication: spoken and written. Slander pertained to spoken defamation and libel to written. Where defamatory statements published via radio, television or the internet fit into these categories is not a clear-cut matter. For now, it may be easiest to think of slander as spoken defa...

    Once the plaintiff has successfully proved defamation, "general damages" are presumed. The plaintiff is not simply limited to damages reflecting his or her economic losses, but the mental anguish and other emotional distress that the law presumes to result from having your reputation harmed. Depending on what the plaintiff proves about the defendan...

    Generally, if the defendant can prove that what he or she said or published about the plaintiff was true, the plaintiff will lose the case. In the case of defendants like certain media outlets (e.g. newspapers), the plaintiff must prove the statement was untrue—the media defendant is not required to prove its publication was true to defend the case...

  1. Continue. Defamation is a legal term for a false statement made by a person that injures another person's reputation or character. Libel is written defamation. Slander is spoken defamation. In most states, defamation is not a crime, but it is a " tort ."

  2. Defamation is an area of law that provides a civil remedy when someone's words end up causing harm to your reputation or your livelihood. Libel is a written or published defamatory statement, while slander is defamation that is spoken by the defendant.

  3. Aug 17, 2023 · By the 1500s, English courts treated slander actions like other civil tort claims for damages. Libel developed differently, however. During Elizabethan times, English printers were required to be licensed by the government because they believed the printed word to be a significant threat to political stability.

  4. Jun 30, 2023 · Defamation is the general tort that encompasses statements that damage a person's reputation. There are different forms of defamation, including libel and slander. The difference between libel and slander is simply whether the statements are written or spoken. If they are written, they are considered libel.

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  6. Sep 27, 2023 · Sept. 27, 2023, at 9:28 a.m. Getty Images. These terms may come from the days of old, but their impact on how modern-day Americans can speak, write and broadcast is still felt today. The terms...

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