What is Slander?

define

Slander is the spoken or transitory form of defamation of character, a legal term that refers to a falsehood presented as true which could harm the reputation of a person or entity. Slander also encompasses body gestures as in the case of sign language. If defamation of character is placed in a fixed form, as in the case of a sign, published paper, film or recording, it is considered libel. In short, slander is temporarily uttered or gesticulated, libel is published or otherwise fixed.

Slander is a tort, or civil law, meaning a civil lawsuit can be brought against someone who is accused of slander. In the United States certain facts must be established for someone to be found guilty of slander. Assuming there is proof that the defendant uttered the alleged statement, the statement must be overheard by someone other than the subject or other “privileged” parties. Slander must also clearly identify the party or entity, and the intent must be malicious.

Winning a defamation of character lawsuit can pay off in two types of compensation: general damages and special damages. General damages covers emotional trauma while special damages covers economic loss. In the case of a slander lawsuit proof of specific special damages might be required before general damages can be awarded. Unfortunately, special damages can be hard to prove.

Some types of slander, however, are considered “slanderous per se” and are automatically awarded general damages without proof of special damages. In this case the slander must do one of the following:

  • Declare the plaintiff unfit to perform his or her job adequately.
  • Allege criminal behavior on the part of the plaintiff.
  • Claim the plaintiff has an unsavory disease.
  • Make immoral sexual claims, especially about the virtue of a female plaintiff.

The more people that are party to a falsehood, the greater the potential for harm to the plaintiff. For this reason, libel cases generally award more damages than cases of slander, as libel reaches a greater audience. With the advent of the Internet, many types instantly published, worldwide communications have become fodder for libel cases. Online libel is sometimes referred to as cyberlibel.

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Posted by: M111
What type of evidence does one need in order to proceed with a slander/defamtion case?
Posted by: myfamily
I think I have a case involving slander. Someone that lives on our block received a phone call from a individual propositioning sex over the phone. This person that lives on my block is stating that the person was me and says that it is a fact. After urging this person to investigate the situation. This person is refusing and stating its not needed because its a fact. Others on my block are finding out because of more statements from the individual accusing me and there is emotional turmoil in my life because of these statements which is leading to severe depression not only to me but my family. This person making accusations is also a law enforcement officer. Any help on this matter would be greatly appreciated.
Posted by: sharedes
Just wondering if I send a cease and desist letter to a party who then denies conducting the slander, although I am certain they are the responsible party, is there any action they can take against me, the person who sent the cease and desist letter? I live in NJ.
Posted by: NikkiBonds
My fiancee and his brother own joint properties they inherited when their mom passed away six years ago. Recently my fiancee has decided that he wishes to split the estate and move on with his life. They currently live together in their home and have split the utilities and my fiancee has been paying the property tax for the past six years.

Well, the brother has started telling everyone that will listen to him that my fiancee is a freeloading bum who is living off his "dime" and that he owes him 50+ thousand dollars because he is paying all of the bills for the house. Funny things is he has never worked a job in his life and is living off of the money he inherited.

My question, since the brother is talking to neighbors, a Realtor that HE hired to sale other properties, a public lawyer and a multitude of family members, does my fiancee have any sort of case in a slander suit?

Posted by: anon3674
How do I go about legally telling people around my block that my 4 year old nephew was shown or flashed inappropriate things from a next door neighbor? He does have a record and "other" things that were before Megan's Law. Also an ongoing investigation with this. There are other children in the area and an elementary school up the hill from us! How can I warn people with out hurting myself?
Posted by: MadMomma
I think my Son-In-Law is being slandered by a co-worker of mine (his mother-in-law) for no reason. He drives a truck for a very popular food distributor. He is usually gone 1-2 nights per week out of state. This co-worker of mine has only met my son-in-law once. She has been making comments that he is lying about what he is doing, and making suggestions that my daughter is being cheated on. That this company would not need over the road driver. Let me state he brings home nice paychecks for someone not working!! She knows nothing about the company does not work for them and has not reason to implicate this. I am not sure how to stop this, my boss always says just ignore her. Well that is not helping as she is making false statements about my family. I am concerned that this will cause a major upset to my pregnant daughter, and her husband who is a fine man. She even said he probably does not have a license to drive the truck . Which is false.He is a very good family man. Please, let me know how I may stop this type of talk about my family. They do not even know this person. Thanks!

MadMomma

Posted by: anon3883
It has come to my attention that this person said that he thinks I am racist to two other people. When he was asked how he came to that conclusion, he said that it was because of a tattoo that I have on my triceps that reads "brown pride". The person who asked told him that he has worked with me and he never got that perception or vibe that I came across as a racist. The individual who made the comment then said, that anyone that has a tattoo like that must be a racist. What can I do to clear my name?
Posted by: tougher
I was wondering if I may have a case of defamation or slander on my neighbor? She has gone to my landlord and made false statements in writing along with other neighbors about me having my children medicated just so I can collect SSI. My children are not medicated, only my daughter, and also she does not receive SSI. She has also made false statements to police officers about my husband trying to kill me when we weren't even home together at that time. I am asking anyone that knows to please contact me back and let me know if I may have a court case against her.
Posted by: anon4628
I am wondering I want to put in the local paper how badly I was treated by a doctors office in our area. Is this slander? Is there any legal action they can take against me?
Posted by: h45885
I have a step-daughter that i love and take care of.Her mother put on the internet that i don't care about her or love her.Is that slander or just running of the mouth?
Posted by: anon5505
I am a female residing with two other females in a single family home. One of the neighbor's, a male, use to befriend us but we broke it off with this neighbor due to his illicit behavior toward us and for showing an illicit photo of himself showing himself nude. Our association with this man stopped immediately. Since then, he has spoken with other male neighbor's with their family against us. Now the male neighbor's in the neighborhood are taunting us with verbal threat's they are going to take care of us. Our other next door neighbor is a criminal and is perhaps still dealing in drugs from his house. He doesn't like us because we are law enforcement types. A few houses away from ours there is a law enforcement type male that is listening to their statements and is including himself in their hate towards us. Now, that law enforcement type male has indicated to the other males, he would take care of us and told them to not to worry. What are we to do? Now my employer is involved in this matter because a neighbor made a compliant about us. Being a female law enforcement type person prevents us from having any civil rights. We have gone to several local authorities and no help was offered to us, just advise to make reports to the police about any incidences. No case and I'll probably be spoken sternly by my employer about these incidents. What are we to do? Get a lawyer?
Posted by: alijay
The situation is quite complicated and I hope I can make it clear.

To start my partner has a son with an ex partner , who unfortunately took access away after their separation, we have been to court and restored access, but now she has decided to breach the court order and stop access, in this long and unnecessary (5yr) battle my partner age 29 had to undergo a major surgery which has saved his life but unfortunately caused some disabilities making him unable to work and do some, what we would call simple tasks, unaided this has caused depression and embarrassment.

Basically the ex wishes to make my partner pay- in my opinion it has little or nothing to do with their son. Neighbours have reported to the police about her and her husband acting suspiciously around our property whilst we were out. veiled threats have been made but it is the texts that coincide with this issue of accusing my partner of Benefit Fraud which has been investigated and the benefit fraud officer agreed that after a thorough investigation my partner was and is not working and was not able to in his current circumstances, this was the end of it as we thought but unfortunately she’s spreading around that he has committed benefit fraud amongst other vicious rumours.

This is causing real upset to my partner who cannot defend himself very well due to lack of self confidence, I feel that arguing back just gives her more satisfaction but I wondered legally if there is anything we can do to stop this, please.

We are currently taking her to court for restoration of the previous court order but I was unsure as to whether our solicitor can do anything until the present case is settled can you help please?


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