Also known as: libels · libeled · libelling · libelant · libelee · libeler · libellant · libellee · libellous · libelous · libellus · defamation · written defamation
Written by attorneys · grounded in primary & secondary sources — see below
A defamatory statement expressed in a fixed medium such as writing, a picture, a sign, or an electronic broadcast. Liability requires a false statement concerning the plaintiff that is published to a third party without privilege and that harms reputation, with the plaintiff bearing the burden of proving the defamatory character and publication when properly raised.
Leo Lynch sends a letter to a prospective client stating that Luke Latham routinely overcharges for consulting work and fabricates credentials. The client receives the letter and decides against hiring Latham. Latham sues Lynch for libel. The court examines whether the statement was false, concerned Latham, and reached a third party without privilege.
Legacy Motors publishes a monthly magazine that regularly sells copies in State B even though its editorial offices are in State A. An article in one issue accuses a State B dealer of fraud. The dealer sues in State B court. The court upholds jurisdiction because the publisher could anticipate being sued where its publication circulates and causes harm.
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Landmark Realty prints an article claiming that Leonard Lowe's construction firm uses substandard materials on every project. Lowe proves the statement false but shows no specific lost contracts. The court holds Lowe may still recover because the publication constitutes libel even without proof of special harm.
Linden Logistics publishes a promotional booklet that recounts Lila Lin's life story and attributes fraudulent business practices to her. Lin sues for libel. The court examines whether the false statements were published in fixed form, concerned Lin, and reached third parties without privilege.
Lance Lee emails a memo to three colleagues accusing Leah Lamb of embezzling funds. Lamb sues for libel and must establish that the memo was published to third parties. The court requires Lamb to prove both the defamatory character of the statements and that Lee sent the memo beyond her own inbox.
A local newspaper prints a false story that Luke Latham, a private citizen, accepted bribes from a contractor. Latham sues the paper. The court instructs the jury that Latham need not prove actual malice but must show at least negligence, and that presumed or punitive damages require a showing of actual malice.
No. One who falsely publishes matter defamatory of another in such a manner as to make the publication a libel is subject to liability although no special harm results from the publication.
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The plaintiff has the burden of proving the defamatory character of the communication and its publication by the defendant.
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No. Private plaintiffs may not recover presumed or punitive damages without showing actual malice, although they need not prove actual malice to establish liability itself.
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A publisher that regularly circulates its magazine in a state and thereby causes potential injury there may be sued for libel in that state consistent with due process.
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…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.…