Libel, slander, and reputation harm claims.
Defamation lawsuits involve false statements that harm a person's or business's reputation — covering libel (written), slander (spoken), online reviews, social media posts, news reports, and other published statements alleged to be false and damaging.
Libel, slander, and required elements.
Defamation generally requires a false statement of fact (not opinion), publication to a third party, fault on the part of the publisher, and harm to reputation. Libel refers to written or otherwise fixed statements; slander to spoken statements. The exact elements and defenses vary by state.
Some statements are considered "defamation per se" — false statements about criminal conduct, a serious disease, professional misconduct, or sexual misconduct — where harm is presumed. Other statements require the plaintiff to prove actual damage to reputation, such as lost business or specific financial loss.
Public figures, private individuals, and First Amendment limits.
The First Amendment imposes important limits on defamation law. Public officials and public figures generally must prove "actual malice" — that the publisher knew the statement was false or acted with reckless disregard for whether it was true. Private individuals typically have a lower burden, though laws vary by state.
True statements, opinions, fair comment on matters of public concern, and certain privileged communications (such as statements made in court proceedings) are generally not actionable. Anti-SLAPP statutes in many states allow defendants to seek early dismissal of defamation suits that target protected speech.
Online reviews and business reputation.
Many modern defamation disputes involve online reviews, social media posts, and statements by competitors or former employees. Section 230 of the Communications Decency Act generally shields online platforms from liability for content posted by users, though the user posting the content may still be liable.
Businesses may also pursue related claims such as trade libel, tortious interference with business relationships, and unfair competition. Whether any of these claims is viable depends heavily on the specific statements, the speaker, the audience, and applicable state law.