Slander

Definition

Slander refers to the act of making false spoken statements that damage someone's reputation. It falls under the broader category of defamation, which can also include written statements, known as libel. Slander typically involves verbal communication and is considered a tort, meaning it can result in civil liability if proven. The key aspect of slander is that the statement must be untrue and harmful to the person's character or reputation.

5 Must Know Facts For Your Next Test

1. To prove slander, the plaintiff must demonstrate that the statement was false, damaging, and made without privilege or consent.
2. Slanderous statements can include accusations of criminal behavior, claims of unchastity, or any remarks that could harm one's professional reputation.
3. In some jurisdictions, slander per se exists, meaning certain statements are considered so damaging that damages do not need to be proven.
4. Public figures have a higher burden of proof in slander cases, needing to establish actual malice to win their case.
5. Slander is usually harder to prove than libel because it relies on verbal communication and requires witnesses or recordings for evidence.

Review Questions

• What elements must a plaintiff prove in a slander case to successfully claim defamation?
  • In a slander case, a plaintiff must prove four essential elements: that the statement made was false, that it was communicated to a third party, that it caused harm to the plaintiff's reputation, and that it was made without privilege or consent. Additionally, if the plaintiff is a public figure, they must demonstrate that the defendant acted with actual malice—meaning they knew the statement was false or acted with reckless disregard for the truth.
• How does slander differ from libel in terms of legal standards and requirements for proof?
  • Slander differs from libel primarily in the medium of communication; slander involves spoken statements while libel pertains to written statements. Legally, both require proof of falsehood and harm to reputation. However, slander cases often require additional evidence since they rely on oral communication, whereas libel can be documented. Furthermore, certain categories of slander are considered slander per se where damages do not need to be demonstrated, unlike in most libel cases where harm must typically be shown.
• Evaluate the implications of 'actual malice' on public figures in slander lawsuits and its broader impact on freedom of speech.
  • 'Actual malice' significantly raises the bar for public figures in slander lawsuits because they must provide clear evidence that the defendant knowingly made a false statement or acted with reckless disregard for its truth. This requirement serves to protect robust public discourse and criticism of public figures but also complicates their ability to seek justice against false claims. While it upholds freedom of speech by allowing greater latitude for discussion about public figures, it can deter accountability for those who make damaging statements without regard for their truthfulness.

Related terms

defamation: A legal term referring to false statements that harm someone's reputation, encompassing both slander and libel.

libel:

Defamation in written form, such as through newspapers, books, or online articles.

actual malice: A legal standard that requires proof that the defendant knew the statement was false or acted with reckless disregard for the truth.