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Statements that constitute slander: It is important to know firstly that 'Defamation of Character' (but Libel and Slander are also used) is usually the one that is used the most and it means when someone spreads vicious lies about another person that are not true. Example: Calling someone gay when they are not. Calling someone a thief ... stealing from the company or stealing someones personal belongings. Lying that the person has a criminal record, etc. Untruths in the media or any other written article or book about a person also is included in this. * A false and defamatory statement concerning another; * The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement); * If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and * Damage to the plaintiff. Damages to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish. "per se" defamation, where the allegations are presumed to cause damage to the plaintiff: * Attacks on a person's professional character or standing; * Allegations that an unmarried person is unchaste; * Allegations that a person is infected with a sexually transmitted disease; * Allegations that the person has committed a crime of moral turpitude; There may be changes to the elements of the cause of action, limit when an action may be filed, or modify the defenses to an action for defamation. Some may even require that the defendant be given an opportunity to apologize before the plaintiff can seek non-economic damages.

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Q: What kind of statements constitute slander per se?
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What defines slander of your name my law?

Slander is spoken defamation, in which someone tells one or more persons an untruth about another which untruth will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit. Damages (payoff for worth) for slander may be limited to actual (special) damages unless there is malicious intent, since such damages are usually difficult to specify and harder to prove. Some statements such as an untrue accusation of having committed a crime, having a loathsome disease, or being unable to perform one's occupation are treated as slander per se since the harm and malice are obvious, and therefore usually result in general and even punitive damage recovery by the person harmed. Words spoken over the air on television or radio are treated as libel (written defamation) and not slander on the theory that broadcasting reaches a large audience as much if not more than printed publications.


Do all plaintiffs in tort claims for defamation have the same elements to prove their case?

No, not in every case. There are two major differences. One is where the statements made are privileged under the First Amendment and the other is where the defamation is considered defamation per se. There is a First Amendment privilege governing statements made about public figures, especially statements by news sources. Ordinarily, malice on the part of the defamer is assumed if the statements are defamatory in nature. But in matters of public figures, the plaintiff has to prove actual malice. This requirement is designed to balance the interests of people in their right not to be defamed against the First Amendment guarantee of a free press. Another difference is when the defamation constitutes "libel or slander per se." Certain statements like accusation of commission of a crime are considered libel/slander per se. That means it is assumed that the defamed person suffered some injury to reputation, so the plaintiff does not have to that his or her reputation actually suffered. In all other cases, a plaintiff must prove that injury. Note that different states may have different standards as to what the formal elements of a defamation action are. Thus it is also possible that plaintiffs might have to prove different elements simply because of the particular state where the defamation occurred.


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