Slander

Definition

Slander refers to the act of making false spoken statements that damage a person's reputation. It is a form of defamation, which is a broader legal term encompassing any statement that unjustly harms someone’s good name. Slander specifically applies to verbal communications, distinguishing it from libel, which involves written statements.

5 Must Know Facts For Your Next Test

1. For a statement to be considered slander, it must be made to a third party and must be untrue.
2. Public figures have a higher burden of proof in slander cases, needing to show that the statement was made with actual malice.
3. Slanderous statements can lead to legal consequences, including lawsuits for damages caused by the false statements.
4. The statute of limitations for bringing a slander claim can vary by jurisdiction, typically ranging from one to three years.
5. Certain defenses exist against slander claims, such as truth, opinion, and privilege.

Review Questions

• How does slander differ from libel in terms of form and legal implications?
  • Slander is specifically about false spoken statements, while libel refers to false written or published statements. The legal implications differ as well; both fall under the umbrella of defamation, but the burden of proof can vary. In slander cases, plaintiffs must prove not only that the statement was false but also that it caused harm to their reputation. Libel cases may involve additional considerations due to the permanence of written statements.
• Discuss the challenges faced by public figures when pursuing slander claims compared to private individuals.
  • Public figures face significant challenges in pursuing slander claims because they must meet a higher standard of proof known as actual malice. This means they need to show that the defendant knowingly made a false statement or acted with reckless disregard for the truth. In contrast, private individuals only need to prove negligence. This difference is designed to balance the right to free speech with the protection of reputations, particularly in public discourse.
• Evaluate how defenses like truth and opinion can impact the outcome of a slander lawsuit.
  • Defenses such as truth and opinion play crucial roles in slander lawsuits. If the defendant can prove that the statement was true, it is an absolute defense against slander claims. Similarly, if a statement is deemed an opinion rather than a factual assertion, it may not qualify as defamation under the law. This creates complexities in evaluating cases since defendants often rely on these defenses to avoid liability, making it essential for courts to carefully assess the nature of the statements made.

Related terms

Defamation: A legal term that encompasses both slander and libel, referring to any false statement that injures someone's reputation.

Libel: A type of defamation that involves written or published false statements about a person, as opposed to slander, which is spoken.

Burden of Proof: The obligation to prove one's assertion in court, which in cases of slander falls on the plaintiff to demonstrate that the statement was false and harmful.