ABSTRACT
Whether it’s within their families, religious sects, social orders or local communities, individuals have been resolute in protecting their reputations and personal standing. The subjects of this chapter are defamation, product disparagement and related torts—areas in which the First Amendment plays only a limited role. The chapter explores many of the major legal dilemmas advertising and public relations specialists may encounter in their professional roles. It includes an introduction to the common-law elements of the reputation-related torts and an examination of how the courts, including the Supreme Court, have balanced the constitutional right of freedom of expression with the right to protect the reputation of an individual, corporation or product. Particular emphasis is on the important distinctions between and among public officials, public figures and private people as plaintiffs in defamation-related litigation.
