What is libel?

Libel is written defamation, including statements published in newspapers, magazines, books, websites, social media posts, emails, and other recorded forms. The category traces to English common law, which historically distinguished libel from slander based on permanence: libel was written or otherwise fixed and was treated as more serious because it could circulate widely and persist over time. American courts adopted this distinction during the colonial period, and modern libel law incorporates the same basic elements as defamation generally.

To prove libel a plaintiff typically must show a false statement of fact, publication or broadcast of the statement to a third party, fault by the publisher, and damages. New York Times Co. v. Sullivan (1964) revolutionized libel law by requiring public officials to prove actual malice, defined as knowledge that the statement was false or reckless disregard for whether it was false. The case arose from a 1960 paid advertisement in the New York Times titled Heed Their Rising Voices, which criticized Alabama officials' response to civil rights protests. Montgomery police commissioner L.B. Sullivan won a $500,000 verdict at trial, but the Supreme Court reversed unanimously, transforming libel doctrine across the country.

The actual malice standard extends to public figures under Curtis Publishing Co. v. Butts (1967) and limited-purpose public figures under Gertz v. Robert Welch, Inc. (1974). Private figures suing over matters of public concern need only show negligence under Gertz. Famous American libel cases include the trial of John Peter Zenger in 1735, where the New York printer was acquitted of seditious libel after his lawyer Andrew Hamilton argued that truth should be a defense, planting the seed for the modern American press. The Hustler Magazine v. Falwell (1988) decision protected satire and parody from libel claims when a reasonable reader would not understand the statement as factual.

Modern libel disputes increasingly involve online publication, where Section 230 of the Communications Decency Act of 1996 generally shields platforms from liability for user-generated content, although the platform may be liable for its own statements. Damages in libel cases can include actual harm to reputation, lost business, emotional distress, and in some jurisdictions presumed damages without specific proof. Punitive damages may be available where actual malice is shown. Many libel suits are dismissed before trial, but some have produced large verdicts, including the $787.5 million Dominion Voting Systems v. Fox News settlement in April 2023. Naturalization candidates should know libel as the written form of defamation.