What is defamation?

Defamation is a false statement of fact that harms another person's reputation, traditionally divided into libel for written or recorded statements and slander for spoken statements. The First Amendment protects most speech, but it does not protect false factual statements that injure others, recognized as one of the historical categories of unprotected expression in Chaplinsky v. New Hampshire (1942). Defamation law allows individuals and businesses to sue for damages when false statements lower their standing in the community, expose them to ridicule or contempt, or harm their professional reputation.

The elements of a defamation claim under common law require a false statement of fact, communication of the statement to a third party, fault by the speaker, and actual or presumed damages. The Supreme Court raised the bar significantly for cases involving public officials and public figures in New York Times Co. v. Sullivan (1964), which arose from a paid advertisement criticizing Alabama police treatment of civil rights protesters. Justice William Brennan wrote that public officials must prove actual malice, meaning the speaker knew the statement was false or acted with reckless disregard for whether it was false.

The actual malice requirement was extended to public figures in Curtis Publishing Co. v. Butts (1967) and Associated Press v. Walker (1967). Private figures suing over matters of public concern need only show negligence under Gertz v. Robert Welch, Inc. (1974).

Defenses to defamation claims include truth, which is an absolute defense in most jurisdictions; opinion, which receives strong protection if it does not imply false facts under Milkovich v. Lorain Journal Co. (1990); fair comment on matters of public interest; and various privileges such as the absolute privilege for statements made in judicial and legislative proceedings, the qualified privilege for statements made between parties with a common interest, and the privilege for fair and accurate reports of official proceedings. Section 230 of the Communications Decency Act of 1996 generally shields online platforms from liability for content posted by third parties, although the platforms may be held liable for their own statements.

Statutes of limitations typically range from one to three years, and damages may include actual losses, presumed damages in certain cases, and punitive damages where actual malice is proved. Some states have anti-SLAPP statutes that allow early dismissal of meritless defamation claims targeting public participation. Naturalization candidates should understand that defamation is a recognized exception to free speech protection.