Slander

Definition

Slander is the act of making false statements about another person that damages their reputation. It is a form of defamation that involves spoken words rather than written ones, which is known as libel.

5 Must Know Facts For Your Next Test

1. Slander is considered a civil tort, meaning the victim can sue the slanderer for damages.
2. Truth is an absolute defense against a slander claim, as truthful statements cannot be considered defamatory.
3. Public figures have a higher burden of proof in slander cases, as they must show the statement was made with actual malice.
4. Slander can take many forms, including verbal statements, gestures, or even the spread of rumors.
5. The statute of limitations for slander claims varies by state, but is typically one to three years from the time the statement was made.

Review Questions

• How does slander differ from libel in the context of defamation?
  • The key difference between slander and libel is the medium used to convey the defamatory statement. Slander involves the making of false statements about another person through spoken words, while libel involves the publication of false written statements. Both forms of defamation can result in legal liability, but the evidentiary standards and statutes of limitation may vary between the two.
• Explain the role of truth and malice in slander cases involving public figures.
  • Public figures, such as politicians or celebrities, face a higher legal standard in slander cases. They must prove not only that the statement was false, but that it was made with actual malice - meaning the speaker knew the statement was false or recklessly disregarded the truth. Truth is an absolute defense against slander, as truthful statements cannot be considered defamatory, even if they are damaging to a public figure's reputation.
• Analyze the potential consequences of engaging in slander and the legal remedies available to victims.
  • Slander can have serious consequences, both for the speaker and the victim. The victim may be able to sue the slanderer for damages, as slander is considered a civil tort. The amount of damages awarded can be substantial, especially if the slander caused significant harm to the victim's reputation or livelihood. Additionally, in some cases, the slanderer may face criminal charges for defamation. Victims of slander must carefully consider the legal options available to them and weigh the potential risks and benefits of pursuing a lawsuit or other legal action.

Related terms

Defamation: The act of making untrue statements about another person that damages their reputation.

Libel:

A form of defamation that involves written false statements about another person.

Malice: The intentional desire to cause harm or damage to another person.