Defamation in the U.S.

A brief history and the case that changed our laws

Before the 1960’s, suing for defamation was relatively easy. All the plaintiff needed to prove was publication of the statement(s), which was proven by one other person hearing the statement, and that the statement(s) caused harm. Times v. Sullivan in 1963 changed the way the US saw defamation. The Supreme Court decided that in order to sue for defamation or libel, the defendant must have known that the published statements were false or acted reckless in publication by not further investigating the validity and truth of the statement(s).

To prove defamation

In order for a plaintiff to sue for defamation, the statement(s) must meet certain criteria.

  • Publication of false statement(s)
    • written, televised, spoken, etc.
    • true statements cannot count as defamation because they’re true
  • Causing material harm
    • the publication of the false statements must have caused a loss of income or other monetary harm
  • There must be a presence of negligence or malice
    • negligence
      • only someone not in the public eye can claim there was negligence
      • negligence is considered publishing a statement that a reasonable person would not have published
    • malice
      • the plaintiff must be a public figure
        • all purpose public figure
          • someone who is always in the spotlight
          • government official
          • pro athlete
          • celebrity
          • movie star
        • limited purpose public figure
          • thrust or stepped into the spotlight to serve a limited purpose to influence the outcome of a situation
          • Christine Blasey Ford

Types of defamation

The type of defamation you are being sued for/are suing for will determine the amount of damages and the kind of injury

Defamation Per Quod

Defamation per quod is less the less apparent form of defamation in the US. The actual harm is hard to determine and requires a substantial amount of evidence to prove harm. The plaintiff must prove that there was actual monetary damages and itemize it with the relative cost.

Defamation Per Se

Defamation per se is the obvious, in your face form of defamation that causes irreparable harm to the plaintiff. Damages and injury are assumed and the actual reward for damages in a lawsuit can be quite large.

You’ve been notified you defamed someone… now what?

  • Contact your lawyer
    • a lawyer can help you determine your next step
      • they will likely suggest a retraction and/or an apology
  • Issue a retraction/correction and/or an apology
    • based on the legal advice your received from your lawyer and the notice you received from the plaintiff, this will most likely be your next and most logical step
  • Contact your insurance provider
    • most outlets and major media corporations have insurance that will pay out the other party to avoid the lengthy and expensive process of court
  • Gather your evidence
    • in the event that you have to go to court, begin to gather your evidence and make sure you complied with all laws and the demands made by the plaintiff