Difference Between Slander and Defamation

If you have been the victim of slander defamation, you might be wondering what your rights are. Understanding your legal rights can empower you. You do not have to allow a tortfeasor to go unpunished if they have caused you injury.

Slander Defined

Slander is spoken defamation. It is a tort to slander a person's good name. If it causes damages, the person doing the slandering can be sued in a court of law. If all of the elements of slander (or defamation) are proved, you can be compensated for your damages. Also, in some states punitive damages, above and beyond any compensation for injury, can be awarded.

Defamation Defined

Defamation is the larger umbrella term for both slander and libel. Slander is generally spoken defamation, and libel refers to written defamation. The elements that you must prove to establish defamation case are:

Publication of the defamatory language to someone other than the person being defamed;
The statement must be a false statement of fact;
It must be understood that the statement is of and concerning (i.e. about) the plaintiff; and
It must be understood that the statement would tend to harm the reputation of the plaintiff.

In cases where the figure slandered or defamed is a public figure, there may be an extra element that must be proved. Public figure cases require that the slanderer knew the statement to be false.

Defamation and The First Amendment

While state law may govern your defamation case in most regards, the United States Constitution will play a roll in any defamation case. This is because the First Amendment protects freedom of speech. Thus, the person you sue for defamation will bring this as a defense to your suit. Other defenses that the party you are suing may bring are that the statement was factual or that it was commonly known by others in the community or that you had a reputation in the community consistent with the statement.

Getting Legal Help

If you feel that you have been the victim of slander or defamation, you may be entitled to compensation. An attorney can help you bring your tortfeasor to justice. You can trust an attorney to advocate on your behalf, fight for your rights, answer your legal questions and keep you informed of any legal actions taken on your behalf. Your conversations with an attorney will be confidential.

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