Can I Sue for Slander?
- A statement must be unprivileged, defamatory and made to someone other than you to be actionable slander. Some states require the plaintiff to prove that the statement is false, while other states require the defendant to prove the statement is true. The defendant must be shown to have acted in a negligent, if not malicious, fashion and that the action must have caused the plaintiff an injury. According to the Citizen Media Law Project, or CMLP, damages are generally presumed if the statement calls a person's professional character into question, suggests an unmarried person is sexually active, or indicates that a person is infected with a sexually transmitted disease or is guilty of moral turpitude.
- The ultimate goal of filing a lawsuit will be to seek monetary compensation. To be awarded compensation, you must demonstrate that you suffered injury as the result of the slanderous remarks. If you prevail, you are entitled to recover any loss of income, out-of-pocket costs for medical treatment and compensation for the resulting mental anguish, explains the CMLP website.
- The First Amendment to the U.S. Constitution protects individuals' rights to free speech and liberal expression, putting the burden of proof on the plaintiff and providing several avenues for a defense. First, if what the person said is true, it is not slander. Likewise, if the statement cannot be proven false, it's considered a matter of opinion and, therefore, not slander. Privileged statements, such as those made in a court of law, cannot support a defamation claim, and if what the person said is a simply a repetition of something widely published in the media it may not be actionable, the CMLP notes.
- A lawsuit can prove time consuming and expensive. While you can represent yourself, your chances of receiving compensation likely will improve if you hire an attorney, as you will bear the burden of proving your claim. Although some attorneys take cases on a contingency basis, agreeing to delay payment until the case ends, many ask for a retainer, paid in advance. Even without an attorney, you will have to pay filing fees to the court. As state laws vary in defining the elements of actionable defamation, would-be plaintiffs should researching state statues and case law before filing a lawsuit.