ABSTRACT

The chapter defines defamation, slander, and libel and identifies their similarities and differences. The need to protect reputation from harmful and false expressions is a common concern across the U.S., but differences exist among the various statutes. Some states enforce laws against both civil and criminal libel while most do not consider it a crime. We explain the burden of proof in a civil libel lawsuit including what must be proven by the plaintiff and defendant. Public figures have a harder time winning libel suits than private figures and this chapter explains the reason why. Media reporting someone else’s libelous statement may face libel suits because republishing libel is still libel. Truth is an absolute defense in a libel suit, but often difficult to prove, and so media often use other possible defenses.