Slander
What Is Slander?
The legal definition of slander is a false oral statement made against another party with the intent of harming their reputation. Such untrue spoken words can cause financial and emotional damage.
Slander is considered a form of defamation, and the injured party can pursue legal action against the slanderer. Since slander falls under tort law, these cases are considered matters for the civil courts.
Understanding the meaning of slander is crucial to detecting and resolving it. For example, slander differs from libel, which refers to written forms of defamation. It often occurs in the following settings:
- The workplace
- In public speaking
- Healthcare
- Online platforms
Although factual statements may sometimes hurt a person's feelings, they are not considered slander. Legally, you must prove that a statement is false, has been shared with a third party, and causes them harm.
Common Examples of Slander
Slander causes more than the discomfort of people sharing false information about you. It can result in loss of income, tainted character, and loss of friends, among other consequences. Here are some common examples of slander.
Slander in the workplace
Examples of slander in the workplace include false rumors and unsubstantiated allegations. You could lose your job if a coworker alleges you are dishonest.
Slander in healthcare
A fellow health professional may tell others that you are unqualified. Slander in healthcare has cost many their jobs and their patients’ trust.
Slander in public speaking
When speaking to a live audience, a speaker may falsely allege that a rival has been convicted of a crime.
Laws Regarding Slander
If you are unsure whether a statement qualifies as defamation, ask yourself: What is slander in law? State laws determine the legal definition of slander and how to pursue legal action.
For example, California law (CIV § 46) defines slander as "a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means".
However, in some states, slander on TV, radio, and online news broadcasts can be considered libelous, not slanderous. Libel can also be found in newspapers, magazines, blogs, and chat rooms.
There is no federal law on slander. Federal courts rely on the First Amendment, which guarantees freedom of speech, and court precedents.
Proving slander can be challenging in court. To win a civil suit, the injured party must demonstrate the following beyond a reasonable doubt:
- Statements were shared with a third party.
- The statements were false.
- The party making the statements (the slanderer) knew they were false, yet presented them as facts.
- The statements were made with malice.
A successful civil lawsuit typically results in the slanderer paying monetary compensation for the harm caused by the false statements. The harm may include:
- The plaintiff's mental pain and suffering
- Damaged reputation
- Lost wages
- Loss of the ability to earn a living
Most state laws address slander under the defamation umbrella.
Difference between slander and libel
According to tort law, defamation includes libel and slander. Slander differs from libel in that libel is a false written statement, whereas slander is information presented verbally.
Although TV, radio, and online news broadcasts typically involve spoken words, false statements in these forms of media are considered libelous, not slanderous. Libelous statements can also be found in newspapers, magazines, blogs, and chat rooms.
Each state varies somewhat in its standards for defamation and the damages that can be awarded in a successful civil lawsuit.
Slander and the First Amendment
Although the First Amendment to the U.S. Constitution guarantees the right to free speech, it does not mean Americans can knowingly say or write false information about someone else.
However, the line between stating an opinion versus stating a fact can sometimes be vague, especially when upholding the freedom of the press.
While there is no such thing as a false opinion, the First Amendment does not protect slander, or the making of blatantly false statements that harm the reputation of others.
Example of a slander lawsuit
In 2004, television and film actor David Schwimmer, best known for his role on TV’s “Friends”, filed a $2 million slander lawsuit against a fundraiser who accused him of making expensive demands before appearing at a 1997 charity event.
Schwimmer accused Aaron Tonken of publicly stating that Schwimmer demanded two Rolex watches as payment for appearing at a fundraiser. Schwimmer claimed the false allegations damaged his reputation. The court ruled in favor of the actor and awarded him $400,000 in damages as compensation.
Slander cases do not have to go to court. You can use a Cease and Desist template to make the person stop their actions. It is a cost-effective and quick way of resolving defamation.
Start a Cease and Desist Letter now
Helpful Resources:
What Is Slander?
The legal definition of slander is a false oral statement made against another party with the intent of harming their reputation. Such untrue spoken words can cause financial and emotional damage.
Slander is considered a form of defamation, and the injured party can pursue legal action against the slanderer. Since slander falls under tort law, these cases are considered matters for the civil courts.
Understanding the meaning of slander is crucial to detecting and resolving it. For example, slander differs from libel, which refers to written forms of defamation. It often occurs in the following settings:
- The workplace
- In public speaking
- Healthcare
- Online platforms
Although factual statements may sometimes hurt a person's feelings, they are not considered slander. Legally, you must prove that a statement is false, has been shared with a third party, and causes them harm.
Common Examples of Slander
Slander causes more than the discomfort of people sharing false information about you. It can result in loss of income, tainted character, and loss of friends, among other consequences. Here are some common examples of slander.
Slander in the workplace
Examples of slander in the workplace include false rumors and unsubstantiated allegations. You could lose your job if a coworker alleges you are dishonest.
Slander in healthcare
A fellow health professional may tell others that you are unqualified. Slander in healthcare has cost many their jobs and their patients’ trust.
Slander in public speaking
When speaking to a live audience, a speaker may falsely allege that a rival has been convicted of a crime.
Laws Regarding Slander
If you are unsure whether a statement qualifies as defamation, ask yourself: What is slander in law? State laws determine the legal definition of slander and how to pursue legal action.
For example, California law (CIV § 46) defines slander as "a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means".
However, in some states, slander on TV, radio, and online news broadcasts can be considered libelous, not slanderous. Libel can also be found in newspapers, magazines, blogs, and chat rooms.
There is no federal law on slander. Federal courts rely on the First Amendment, which guarantees freedom of speech, and court precedents.
Proving slander can be challenging in court. To win a civil suit, the injured party must demonstrate the following beyond a reasonable doubt:
- Statements were shared with a third party.
- The statements were false.
- The party making the statements (the slanderer) knew they were false, yet presented them as facts.
- The statements were made with malice.
A successful civil lawsuit typically results in the slanderer paying monetary compensation for the harm caused by the false statements. The harm may include:
- The plaintiff's mental pain and suffering
- Damaged reputation
- Lost wages
- Loss of the ability to earn a living
Most state laws address slander under the defamation umbrella.
Difference between slander and libel
According to tort law, defamation includes libel and slander. Slander differs from libel in that libel is a false written statement, whereas slander is information presented verbally.
Although TV, radio, and online news broadcasts typically involve spoken words, false statements in these forms of media are considered libelous, not slanderous. Libelous statements can also be found in newspapers, magazines, blogs, and chat rooms.
Each state varies somewhat in its standards for defamation and the damages that can be awarded in a successful civil lawsuit.
Slander and the First Amendment
Although the First Amendment to the U.S. Constitution guarantees the right to free speech, it does not mean Americans can knowingly say or write false information about someone else.
However, the line between stating an opinion versus stating a fact can sometimes be vague, especially when upholding the freedom of the press.
While there is no such thing as a false opinion, the First Amendment does not protect slander, or the making of blatantly false statements that harm the reputation of others.
Example of a slander lawsuit
In 2004, television and film actor David Schwimmer, best known for his role on TV’s “Friends”, filed a $2 million slander lawsuit against a fundraiser who accused him of making expensive demands before appearing at a 1997 charity event.
Schwimmer accused Aaron Tonken of publicly stating that Schwimmer demanded two Rolex watches as payment for appearing at a fundraiser. Schwimmer claimed the false allegations damaged his reputation. The court ruled in favor of the actor and awarded him $400,000 in damages as compensation.
Slander cases do not have to go to court. You can use a Cease and Desist template to make the person stop their actions. It is a cost-effective and quick way of resolving defamation.
Start a Cease and Desist Letter now
Helpful Resources: