---
title: "Defamation (Libel and Slander)"
type: Legal Rule
source: https://casebriefly.com/legal-rules/defamation-libel-and-slander
---

# Defamation (Libel and Slander)

Defamation is the publication of a false statement of fact to a third party that damages the plaintiff's reputation. Libel is written defamation; slander is spoken. Different rules apply to public and private figures.

## Definition

Defamation is a tort that protects an individual's reputation from unjustified harm caused by false statements of fact. It encompasses two sub-torts: libel (written or otherwise permanently recorded defamation) and slander (spoken or transient defamation). The distinction matters because libel is generally actionable per se (without proof of special damages), while slander requires proof of special damages unless the statement falls into one of four slander per se categories: imputation of a serious crime, a loathsome disease, conduct incompatible with the plaintiff's business or profession, or serious sexual misconduct.

To establish a defamation claim, the plaintiff must prove that the defendant made a false statement of fact (not opinion), the statement was published (communicated to at least one third party), the statement was about the plaintiff (the of-and-concerning requirement), the statement was defamatory (tending to harm the plaintiff's reputation in the community), and the plaintiff suffered damages. The truth of the statement is an absolute defense.

The First Amendment has significantly reshaped defamation law since New York Times Co. v. Sullivan. Public officials and public figures must prove actual malice — that the defendant made the statement knowing it was false or with reckless disregard for its truth or falsity. Private figures need only prove negligence as to the falsity in most jurisdictions, following Gertz v. Robert Welch, Inc. The constitutional overlay means that defamation analysis requires determining the plaintiff's status (public official, public figure, or private individual) and the nature of the speech (public concern or private matter), as these determinations control the applicable fault standard and available damages.

## Elements

- A false statement of fact (not opinion) was made by the defendant
- The statement was published — communicated to at least one third party
- The statement was of and concerning the plaintiff
- The statement was defamatory — tending to harm reputation in the community
- The defendant acted with the requisite level of fault (actual malice for public figures, negligence for private figures)
- The plaintiff suffered damages (presumed for libel and slander per se, actual special damages required for other slander)

## Key Case

New York Times Co. v. Sullivan, 376 U.S. 254 (1964)

## Landmark Cases

| Name | Citation | Significance |
| --- | --- | --- |
| New York Times Co. v. Sullivan | 376 U.S. 254 (1964) | Constitutionalized defamation law, requiring public officials to prove actual malice to recover for defamation. |
| Gertz v. Robert Welch, Inc. | 418 U.S. 323 (1974) | Held that private figures need only prove negligence, not actual malice, and defined the categories of public and private plaintiffs. |
| Curtis Publishing Co. v. Butts | 388 U.S. 130 (1967) | Extended the actual malice requirement to public figures (not just public officials), broadening constitutional protection for speech. |
| Milkovich v. Lorain Journal Co. | 497 U.S. 1 (1990) | Clarified that there is no blanket opinion privilege — statements couched as opinion can be defamatory if they imply false facts. |

## Exam Tips

- First classify the plaintiff as a public official, public figure (all-purpose or limited-purpose), or private figure — this determines the fault standard.
- Distinguish libel from slander — libel is actionable per se, slander requires special damages unless it falls into a slander per se category.
- Watch for opinion — pure opinion is protected, but statements that imply false facts can be defamatory under Milkovich.
- Remember that truth is an absolute defense and the plaintiff bears the burden of proving falsity after Philadelphia Newspapers v. Hepps.

## Common Mistakes

- Confusing the fault standards — actual malice is required for public figures, not for private figures (who only need to prove negligence).
- Treating all opinions as protected — opinions that imply provably false facts can be actionable.
- Forgetting the publication requirement — a statement made only to the plaintiff, with no third party present, is not defamation.

## Mnemonic Or Memory Aid

Defamation = False Fact + Publication + Reputation harm. Libel = Written (Lasting), Slander = Spoken (Said). Public figures = Actual Malice.

## Related Rules

- public-figure-doctrine-actual-malice
- invasion-of-privacy
- intentional-infliction-of-emotional-distress

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Source: [Defamation (Libel and Slander) — CaseBriefly](https://casebriefly.com/legal-rules/defamation-libel-and-slander)