Glossary of Defamation
A type of defamation that is spoken.
What is slander?
More serious than simple name-calling, this type of speech does real harm to a person's reputation.
What is defamatory language?
A type of protected defamation that exists when the speech was clearly not made as a statement of fact.
What is opinion?
Damages that are automatically presumed in libel cases.
What are general damages?
The constitutional amendment that gives journalists and media outlets the right to report the news without fear of retaliation.
What is the First Amendment?
A type of defamation that is written.
What is libel?
The element that requires the person suing for defamation to be the actual person harmed by the speech.
What is speech concerning the plaintiff?
Truthful statements, courtroom testimonies, and comments made in legislative sessions are examples of these defenses.
What are absolute defenses?
Damages that must be proven in most slander cases but not in libel cases.
What are special damages?
The constitutional right of Americans to express their attitudes and opinions on any subject without fear of retaliation.
What is freedom of speech?
A type of spoken defamation that negatively affects your business or profession, accuses you of a crime, or accuses you of having an embarrassing disease.
What is slander per se?
Any type of communication to one or more parties who can understand the message, regardless of the media used.
What is publication to a third party?
Protection from defamation granted to members of the executive, judicial, and legislative branches under certain conditions.
What is absolute privilege?
The type of communication that takes place when one person deliberately defames another person to cause harm.
What is intentional publication?
The part of the First Amendment that ensures the government and powerful individuals cannot suppress the reporting of truthful information.
What is freedom of the press?
This type of defamation only exists when the public has a significant interest in the speech.
What is constitutional defamation?
Humiliation, loss of employment, loss of income, and other negative outcomes suffered as a result of defamation.
What is damage to reputation?
Protection from defamation granted when you say something negative to protect your own interests or the interests of other individuals or a shared group.
What is qualified privilege?
The act of publishing a defamatory false statement about a private individual without carrying out reasonable measures to ensure accuracy.
What is negligence?
Landmark Supreme Court ruling that made it much more difficult for public figures and officials to sue their critics for libel.
What is New York Times v. Sullivan (1964)?
Government censorship of truthful negative speech, which the Supreme Court ruled as unconstitutional in Near v. Minnesota (1931).
What is prior restraint?
An element of defamation that requires the defendant to prove a defamatory statement was false and presented as fact not as an opinion.
What is falsity?
A less common defamatory defense that involves proving the defendant already had a negative image that was not further damaged by the speech.
What is prior poor reputation?
The act of publishing a defamatory statement about a public figure that you know is false or recklessly disregarding the obligation to verify the statement is true.
What is actual malice?
The Supreme Court case that set the precedent for requiring precise clarity when making laws related to First Amendment issues.
What is Ashton v. Kentucky (1966)?