Can You Sue Someone for Slander and Win in Civil Court?
Explore how slander cases are evaluated in civil court, including key legal standards, defenses, and what influences case outcomes.
Suing someone for slander, or spoken defamation, may be an option if their words have damaged your reputation or livelihood. While defamation cases can be challenging, success is possible if specific legal requirements are met and supported by evidence.
Understanding how civil courts approach slander lawsuits can clarify what is needed to build a case and the potential obstacles involved.
Requirements for a Claim
To pursue a slander claim successfully, certain conditions must typically be satisfied, showing that spoken words constituted actionable defamation rather than mere opinion or insult.
Harmful Verbal Statement
A slander case begins with a harmful verbal statement presented as fact, not opinion. For example, stating “John was fired for incompetence” is a factual assertion that can be verified, unlike “I think John is incompetent,” which is likely opinion. A statement is generally considered defamatory if it harms a person’s reputation, lowering them in the community’s estimation or discouraging others from associating with them.1Legal Information Institute. Defamation Crucially, the statement must be false; truth is a complete defense to defamation claims. Statements implying criminal activity, professional incompetence, or certain diseases are often seen as particularly damaging.
Communication to a Third Party
A defamatory statement becomes legally actionable slander only when communicated to at least one person other than the subject of the statement.2Lawshelf. Foundations of Law – General Principles of Defamation This is known as “publication,” though it simply means speaking the false statement in the presence of someone else who understands it. A private accusation made only to the person concerned generally does not meet this requirement because it cannot harm their reputation among others. The communication must be intentional or negligent.
Resulting Harm
The person claiming slander must usually demonstrate actual harm resulting from the false statement. This typically involves damage to reputation but can also include financial losses, such as a lost job or business opportunities. Emotional distress may also be considered. Proving a direct link between the slanderous statement and the damage is essential, often requiring evidence like testimony about lost income or witness accounts of reputational harm. While some statements are considered so inherently damaging (slander per se) that harm might be presumed, demonstrating specific damages generally strengthens a claim.3FindLaw. What Is Defamation Per Se?
Common Defenses
Defendants in slander lawsuits have several potential defenses. The most straightforward is truth. If the assertion was substantially true, the claim fails, as defamation requires a false statement of fact.4Nolo. Privileges and Defenses in Defamation Lawsuits The defendant usually bears the burden of proving the statement’s truth.
Certain situations grant “privilege,” protecting statements that might otherwise be slanderous because open communication is deemed more important. Absolute privilege provides complete immunity for statements made in specific contexts, such as judicial proceedings, legislative debates, certain government official communications, and sometimes between spouses.5FindLaw. Defenses to Libel and Slander This allows participants in these settings to speak freely without fear of lawsuits.
Qualified privilege offers narrower protection. It applies when the speaker has a legal, social, or moral duty or interest in communicating the information reasonably to someone sharing that interest, such as in job references or reports of suspected misconduct within a company. This privilege can be lost if the plaintiff proves the statement was made with “actual malice”—knowledge of falsity or reckless disregard for the truth—or if the privilege was otherwise abused, like broadcasting the statement unnecessarily.
The distinction between fact and opinion is another key defense. Slander targets false assertions of fact. Statements of opinion, which cannot be objectively proven true or false, are generally protected under First Amendment principles.6Lawshelf. Foundations of Law – Defenses to Defamation However, phrasing a factual assertion as an opinion (e.g., “In my opinion, John embezzled funds”) doesn’t guarantee protection if it implies undisclosed defamatory facts. Courts examine context and phrasing to determine if a reasonable listener would perceive the statement as fact or opinion.
Consent also serves as a defense. If the subject of the statement permitted it to be made, they generally cannot sue over it later, provided the consent was valid (not obtained through fraud or duress) and the statement did not exceed the scope of the consent given.
Distinguishing It from Written Defamation
Slander is spoken defamation, while libel involves defamation in a fixed format, typically written (print or online) but also including images or broadcasts.7Nolo. Libel vs. Slander vs. Defamation – How Are They Different? Historically, libel was often seen as more damaging due to its permanence and potential reach, sometimes allowing harm to be presumed (libel per se). Slander, considered more transient, often required proof of specific financial losses (“special damages”), unless the words fell into highly damaging categories (slander per se), such as imputing serious crimes or professional incompetence.
Modern communication technologies have blurred this distinction. Radio and television broadcasts, though spoken, reach wide audiences and have permanence, leading many courts to treat broadcast defamation as libel.8Michigan Law Review Repository. Libel and Slander – Classification of Radio Defamation Similarly, defamatory statements online (social media, blogs, emails) are generally treated as libel due to their written nature and potential for broad, lasting dissemination.
While the basic difference remains (spoken vs. fixed form), the practical legal consequences, especially regarding proof of damages, have diminished. Courts increasingly focus on the statement’s potential impact and permanence rather than solely its form.
Filing a Lawsuit in Civil Court
Initiating a slander lawsuit begins when the plaintiff (the person claiming injury) files a complaint with the appropriate court.9U.S. Courts. Civil Cases This document outlines the facts, the legal basis for the claim (showing entitlement to relief), and the remedy sought, following court procedural rules.
Choosing the correct court involves jurisdiction and venue. Jurisdiction is the court’s authority over the case type (subject matter) and the defendant (personal). State courts typically handle slander claims. Personal jurisdiction usually exists if the defendant resides in the state or the slander occurred or caused harm there. Venue refers to the proper geographic location, often where the defendant lives or the events occurred.
The plaintiff files the complaint with the court clerk, usually paying a filing fee (waivers may be available for those unable to pay). The court assigns a case number and issues a summons.
Next, the defendant must be formally notified through “service of process,” delivering the summons and complaint according to strict legal rules.10Animal Legal Defense Fund. The Legal Process in the United States: A Civil Case This ensures the defendant receives adequate notice, a due process requirement. Service is typically performed by a non-party adult, like a process server, and proof of service is filed with the court. Failure to properly serve the defendant within court-mandated time limits can lead to dismissal.
Potential Monetary Awards
If a slander lawsuit succeeds, the court may order the defendant to pay monetary awards to compensate the plaintiff.
Compensatory damages aim to cover the plaintiff’s losses. These include “actual damages” (or special damages) for quantifiable financial harm like lost wages or business opportunities directly resulting from the slander. They also cover “general damages” for intangible injuries like reputational harm, humiliation, and emotional distress. Assigning a value to general damages is challenging, but they are recognized consequences of defamation. In cases of slander per se, general damages might be awarded without proof of specific financial loss.
Punitive damages (or exemplary damages) may be awarded in addition to compensation. Their purpose is not to reimburse the plaintiff but to punish the defendant for particularly egregious conduct and deter future misconduct. Awarding punitive damages typically requires proving the defendant acted with “actual malice” (knowing falsity or reckless disregard for the truth).11Justia U.S. Supreme Court Center. Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974)
Constitutional limits apply to punitive damages. The Supreme Court has indicated they must be reasonable and proportionate to the actual harm, considering the reprehensibility of the conduct and the ratio between punitive and compensatory damages.12Justia U.S. Supreme Court Center. State Farm Mut. Automobile Ins. Co. v. Campbell, 538 U.S. 408 (2003) Awards significantly larger than compensatory damages face scrutiny.
In cases where slander is proven but caused no significant harm, a court might award nominal damages—a small sum, perhaps one dollar—to acknowledge the legal wrong and vindicate the plaintiff’s rights.
