Defamation

Defamation is either a written or oral false statement made by someone that injures the reputation of another. Libel is the term for written defamation and slander is the term for spoken defamation. Many people believe that because someone says something false about them or calls them an unflattering name, then they can sue that person for defamation. The problem with all defamation cases is overcoming the constitutional guarantees we all enjoy called “Freedom of Speech”.

The constitution guarantees written and spoken words no matter how unpopular. This includes comments made about other people.

There is however, one type of defamation called defamation per se which allows a person to sue because the nature of the defamation is such that it automatically is deemed lawful to the person that was the subject of the comments. For example, accusing someone of a crime is defamation per se. The person suing does not have to prove they suffered any damages because the comments themselves are so bad that the Court assumes that person has suffered some type of harm.

In all other types of defamation cases the Plaintiff must prove damages as a result of the comments. This is virtually impossible in most cases. For example, someone would have to prove as a result of being called a “moron” in front of a crowd of people that he suffered either emotional distress or economic damages. Needless to say this is no easy case to prove. For this reason, most attorneys will not handle a defamation case.