Article and infographic contributed by Kelly / Warner Law.
Slander: Free Speech or Illegal Outburst?
In the mood for a little linguistic trivia? Good, so are we. This post may not change your life, but it does doll out a bit of “crypt knowledge” that could a) add a little legal-knowledge zest into a future blog post, or b) aid in the maintenance of your status as Jeopardy Couch Champion — for the 10th year reigning, multiple claimants, be damned!
Language transforms. Words die and new ones spring into existence.
In some cases, words undergo a Kafkaesque mutation; a colloquial shift, if you will. The word “slander,” for example, is currently going through “the change.” As a result, people often confuse the colloquial definition with the legal one.
So, let’s clear up any confusion.
Defamation, Slander, and Libel: Legal Definitions
First, let’s go over the difference between defamation, slander and libel – from a legal perspective.
Defamation: An unprivileged, false statement of fact that results in material or reputational harm for the victim. Defamation is illegal in nearly every country in the world, including the United States. In some nations, defamation is a criminal offense punishable by prison sentences and even death. In the United States and most Western countries, the offense is almost always a civil matter, punishable by fines and appropriate injunctive remedies, like removal demands.
Libel: Libel is written defamation. Defamatory statements that appear in print, online, via text or in a graphical representation are libelous.
Slander: Slander is spoken – or transitory – defamation. Defamatory statements uttered in a public speech, via a broadcast or an online video or podcast are slanderous.
“Slander” In Pop Culture: Allowable Free Speech
Back when Plato and Socrates were asking each other “why!?,” it was common for people to shout, “Awful!” upon laying eyes on the Great Pyramids of Giza or seeing a shooting star for the first time. Why? Because back then, “awful” meant “awe-inspiring.” But today, awful is synonymous with “very bad.”
When the word “slander” first entered the English lexicon, it was exclusively a legal term meaning a “false statement of fact.”
But these days, people say “slander” to indicate “negative speech.” The U.S. Constitution’s First Amendment, however, assures free speech protections for any person on U.S. soil. As such, negative trash-talk is not illegal.
The Take Away on Slander in Speech: Legally speaking, slander is “the transitory communication of a false statement of fact that causes material or reputational harm to the subject” and it’s against the law. Colloquially speaking, slander can be seen as synonymous with “negative talk,” which is protected by the First Amendment.
All you need to know about Internet Defamation:
Kelly / Warner Law maintains an active defamation legal practice. A pioneer in the field of Internet libel, Kelly / Warner attorneys have vast amounts of experience with cross-border, online defamation and YouTube slander litigation. A full-service firm, Kelly / Warner handles both personal and businesses issues, and partners with international firms in cases involving multiple jurisdictions. To learn more about Kelly Warner Law, visit kellywarnerlaw.com.