Also known as: defame · defames · defamed · defaming · defamatory · defamacast · libel · slander
Written by attorneys · grounded in primary & secondary sources — see below
A tort consisting of the publication of a false statement that harms another's reputation. The statement must reach a third party and the publisher must act with fault at least amounting to negligence.
Dorothy Daniels publishes a magazine that regularly sells copies in State A. A story in one issue falsely accuses Diane Dawson of criminal conduct. Dawson sues Daniels in State A court. The court may exercise jurisdiction because the publisher could reasonably anticipate being sued where its publication circulates and causes harm.
Dwight Dorsey broadcasts on television that David Dawson committed a serious crime. The broadcast reaches many viewers. Dawson sues for defamation. Liability arises even without proof of special harm because the statement imputes criminal conduct.
Select any source to read its text and confirm it supports the definition.
Deanna Davenport issues a credit report to a handful of subscribers stating that Danielle Dixon's company is insolvent. The report is false and not a matter of public concern. Dixon sues and may recover presumed and punitive damages without proving actual malice.
A local newspaper prints a false story accusing Dorothy Daniels of shoplifting. Daniels is a private citizen. She proves the publisher acted negligently in failing to check facts. Daniels recovers actual damages without showing actual malice.
Diane Dawson tells neighbors that Dwight Dorsey embezzled funds from his employer. Dorsey is a private figure. He proves the statement was false and made with negligence. Dorsey recovers compensatory damages without proving actual malice.
David Dawson publishes a statement that Deanna Davenport is dishonest. Davenport sues and bears the burden of proving the statement's defamatory character. She also must show publication and its application to her.
A plaintiff must show a false and defamatory statement concerning the plaintiff, publication to a third party, and fault on the part of the defendant amounting at least to negligence.
Supporting sources
A private plaintiff may recover presumed or punitive damages without showing actual malice only when the defamatory statements do not involve matters of public concern.
No. Private figures need only prove fault at least amounting to negligence. The actual malice standard applies to public officials and public figures.
Supporting sources
A publisher that regularly circulates its material in a state and causes potential injury there may be sued in that state because it can reasonably anticipate being haled into court where the publication is sold.
…conduct of public officials. The dictum in Pennekamp v. Florida, 328 U. S. 331, 348-349, that "when the statements amount to defamation, a judge has such remedy in damages for libel as do other public servants," implied no view as to what remedy might constitutionally be afforded to public officials. In Beauharnais v.…