Public-domain · open source
OpenJurist

Defamation Libel and Slander Law

Permalink

Compiled from primary legal sourcesNot legal adviceHow we source this

Defamation law addresses harm to a person's or business's reputation caused by false statements presented as fact. Libel generally refers to defamation in a written or otherwise fixed form, while slander refers to spoken defamation. With the rise of online communication, defamation claims today often involve posts, reviews, and other internet content.

To succeed, a defamation claim generally must show that someone made a false statement of fact about the claimant, communicated it to others, and caused reputational or other harm. Several principles limit these claims. Statements of opinion, rather than fact, are generally not defamatory, and truth is a defense — a true statement, however damaging, is not defamation. Public figures and matters of public concern are subject to heightened protections rooted in free-speech principles, meaning such claimants typically must meet a higher bar than private individuals.

For a non-lawyer, it helps to understand that defamation law tries to balance protecting reputation against protecting free expression, and that not every hurtful or unflattering statement qualifies. Time limits to bring a claim are often short. People may consult a lawyer when false statements threaten their livelihood or reputation, when they receive a demand or threat over something they published, or simply to understand whether a statement crosses the legal line.

Share of classified federal decisions

18711900192519501975200020071.9%0
share of classified federal decisions

Of the federal decisions we've classified by topic, the share each year that fall under this practice area — so a persistently high line means this is a large, enduring share of federal litigation. This is not a share of all litigation: only part of the corpus is topic-classified (unevenly across eras), and an opinion can belong to several areas, so areas need not sum to 100%. State cases are largely unclassified, so this is federal only. The dip in the last several years is a data-coverage gap — our corpus holds fewer opinions from the most recent years — not a real decline.

Circuit splits in defamation libel and slander

Legal questions the federal courts of appeals are divided on — each links to the cases creating the split.

From the OpenJurist Bookshop

Related practice areas

Communications and Media LawAsbestos and Mesothelioma LitigationAviation Accident LitigationBicycle Accident LawBoating Accident LawBrain and Spinal Cord Injury LawBurn Injury LawBus Accident Litigation

Primary law

The governing U.S. Code, statutes and founding documents for Defamation Libel and Slander Law.

Key definitions

Defined terms that recur in defamation libel and slander law — each links to its dictionary entry.

DefamationLibelSlanderMalicePublicationActual MalicePer SePer QuodPrivilegeRetractionReputationOpinion

Frequently asked questions

Defamation Libel and Slander Law by state

Courts, law libraries and state-specific resources. State law governs much of this area, so deadlines and rules vary by state.

Further reading

  • An Examination of the Doctrine of Malice as an Essential Element of Responsibility for Defamation Uttered on a Privileged Occasion. - Paperback
    An Examination of the Doctrine of Malice as an Essential Element of Responsibility for Defamation Uttered on a Privileged Occasion. - Paperback
    William Archer Purrington
  • Equitable relief against defamation and injuries to personality. - Paperback
    Equitable relief against defamation and injuries to personality. - Paperback
    Roscoe Pound
  • The Law of Slander and Libel: Including the Practice, Pleading, and Evidence, Civil and Criminal, With Forms and Precedents: Also Contempts of Court - Hardcover
    The Law of Slander and Libel: Including the Practice, Pleading, and Evidence, Civil and Criminal, With Forms and Precedents: Also Contempts of Court - Hardcover
    Henry Coleman Folkard
  • Principles And Practice Of The Law Of Libel And Slander - Paperback
    Principles And Practice Of The Law Of Libel And Slander - Paperback
  • The law of defamation: and the historical origin of the difference between spoken and written slander in England .... - Paperback
    The law of defamation: and the historical origin of the difference between spoken and written slander in England .... - Paperback
    Frank Carr
  • Sexual History Evidence and the Rape Trial - Paperback
    Sexual History Evidence and the Rape Trial - Paperback
    Joanne Conaghan
  • Reputation, Celebrity and Defamation Law - Paperback
    Reputation, Celebrity and Defamation Law - Paperback
    David Rolph
  • The Guide to Internet Defamation and Website Removal - Paperback
    The Guide to Internet Defamation and Website Removal - Paperback
    Paul M. Sternberg
  • Principles And Practice Of The Law Of Libel And Slander, With Suggestions On The Conduct Of A Civil Action (1897) - Paperback
    Principles And Practice Of The Law Of Libel And Slander, With Suggestions On The Conduct Of A Civil Action (1897) - Paperback
    Hugh Fraser
  • Law 3.0: Rules, Regulation, and Technology - Paperback
    Law 3.0: Rules, Regulation, and Technology - Paperback
    Roger Brownsword
  • U.S. Pacific Islanders and the Sea: A History of the Western Pacific Regional Fishery Management Council (1976-2020) - Paperback
    U.S. Pacific Islanders and the Sea: A History of the Western Pacific Regional Fishery Management Council (1976-2020) - Paperback
    Michael Markrich
  • #JustJustice: Tackling the over-incarceration of Aboriginal and Torres Strait Islander peoples - Paperback
    #JustJustice: Tackling the over-incarceration of Aboriginal and Torres Strait Islander peoples - Paperback
    Summer May Finlay
  • The Law Of Libel And Slander - The Evidence, Procedure, And Practice, Both In Civil And Criminal Cases, And Precedents Of Pleadings, With A Chapter On - Paperback
    The Law Of Libel And Slander - The Evidence, Procedure, And Practice, Both In Civil And Criminal Cases, And Precedents Of Pleadings, With A Chapter On - Paperback
    W. Blake Odgers
  • Stress Reduction for Lawyers, Law Students, and Legal Professionals: Learning to Relax - Paperback
    Stress Reduction for Lawyers, Law Students, and Legal Professionals: Learning to Relax - Paperback
    Stephen Snyder
  • U.S. Pacific Islanders and the Sea: A History of the Western Pacific Regional Fishery Management Council (1976-2020) - Hardcover
    U.S. Pacific Islanders and the Sea: A History of the Western Pacific Regional Fishery Management Council (1976-2020) - Hardcover
    Michael Markrich
  • A code of the law of actionable defamation: with a continuous commentary and appendices. - Paperback
    A code of the law of actionable defamation: with a continuous commentary and appendices. - Paperback
    George Spencer Bower
  • The Chagos Islanders and International Law - Paperback
    The Chagos Islanders and International Law - Paperback
    Stephen Allen
  • The law of unfair competition and trade-marks: with chapters on good-will, trade secrets, defamation of competitors and their goods, registration of t - Paperback
    The law of unfair competition and trade-marks: with chapters on good-will, trade secrets, defamation of competitors and their goods, registration of t - Paperback
    Harry D. Nims
  • The Trial in Full, of Edward Arrowsmith, for Slandering the Character of the Rev. Alexander Cumming, Minister of the Evangelical Independent Church, R - Paperback
    The Trial in Full, of Edward Arrowsmith, for Slandering the Character of the Rev. Alexander Cumming, Minister of the Evangelical Independent Church, R - Paperback
    Anonymous
  • Constitution of the Republic of Colombia - Paperback
    Constitution of the Republic of Colombia - Paperback
    Imprenta De La Liz
  • Slander and Defamation of Character: The Great Crimes of the Nineteenth Century. - Paperback
    Slander and Defamation of Character: The Great Crimes of the Nineteenth Century. - Paperback
    Thomas D. Worrall
  • Slandering the Sacred: Blasphemy Law and Religious Affect in Colonial India - Paperback
    Slandering the Sacred: Blasphemy Law and Religious Affect in Colonial India - Paperback
    J. Barton Scott
  • Landmark Cases in Defamation Law - Paperback
    Landmark Cases in Defamation Law - Paperback
  • Canonical Provisions for Catholic Schools - Hardcover
    Canonical Provisions for Catholic Schools - Hardcover
    Conrad Humbert Boffa

This overview is general legal information, not legal advice, and does not create an attorney–client relationship. Laws vary by state and change over time — consult a licensed attorney about your situation.