Slander Definition
Slander is a form of defamation in U.S. law that occurs when someone makes false and damaging spoken statements about another person. Unlike libel, which involves written or published defamatory content, slander specifically refers to verbal communication. To constitute slander, the statement must be presented as a fact, not an opinion, and must be made to a third party, resulting in harm to the subject’s reputation.
Slander Examples
Common examples of slander include:
- False Accusations: Claiming someone committed a crime they did not commit, such as accusing a coworker of theft without evidence.
- Damaging Rumors: Spreading untrue rumors about an individual’s personal life, such as alleging infidelity.
- Professional Misconduct: Falsely stating that a professional, like a doctor or lawyer, acted unethically or incompetently.
- Character Assassination: Making untrue statements that harm someone's character, such as saying a person is dishonest or untrustworthy without any basis.
These examples highlight how slander can severely impact an individual’s personal and professional life through false spoken statements.
Slander Law
Slander laws in the United States are governed by both state statutes and common law principles. To prove slander, the plaintiff must demonstrate that the defendant made a false statement, the statement was communicated to a third party, and the statement caused harm to the plaintiff’s reputation. Additionally, in cases involving public figures, the plaintiff must prove actual malice, meaning the defendant knew the statement was false or acted with reckless disregard for the truth.
Slander Defenses
Defendants accused of slander can employ several defenses, including:
- Truth: Demonstrating that the defamatory statement is true, which is an absolute defense against slander claims.
- Opinion: Arguing that the statement was an opinion rather than a factual assertion, thus not actionable as defamation.
- Privilege: Asserting that the statement was made in a privileged context, such as during legislative proceedings or in court, where defamation claims are generally barred.
- Consent: Showing that the plaintiff consented to the publication of the statement, negating the claim of wrongful communication.
These defenses help protect individuals from wrongful slander claims by establishing the legitimacy of their statements.
Slander Damages
Victims of slander may seek various types of damages, including:
- Compensatory Damages: Reimbursement for actual losses, such as lost wages, medical expenses, and emotional distress caused by the defamatory statements.
- Punitive Damages: Additional financial penalties aimed at punishing the defendant for particularly egregious or malicious behavior.
- Nominal Damages: Small monetary awards granted when a legal wrong occurred, but no substantial harm was proven.
These damages aim to restore the plaintiff’s financial and emotional state while deterring future defamatory actions.
Slander Claims
Filing a slander claim involves several steps:
- Consultation with an Attorney: Seeking legal advice to evaluate the merits of the claim.
- Filing a Lawsuit: Submitting a formal complaint in civil court outlining the defamatory statements and resulting harm.
- Discovery Phase: Both parties exchange evidence, including recordings, witness testimonies, and documentation of the defamatory statements.
- Trial: Presenting the case before a judge or jury who will determine liability and award damages if applicable.
- Settlement Negotiations: Many slander cases are resolved through out-of-court settlements to avoid lengthy litigation.
Successful slander claims result in the plaintiff receiving compensation for the harm caused by the false statements.
Note: This content was generated with AI and edited and fact-checked by ConsumerShield editors.
