Slander
Slander refers to the act of making false spoken statements that can harm someone's reputation, paralleling the written form of defamation known as libel. Historically, slander was not closely associated with constitutional issues regarding freedom of speech, particularly before the 1960s. However, landmark Supreme Court cases, starting with New York Times Co. v. Sullivan in 1964, established that defamation actions, including slander, raise important First Amendment considerations. The ruling specified that public officials must demonstrate actual malice to win defamation cases, meaning they must prove that the false statements were made knowingly or with reckless disregard for the truth. This legal framework has expanded to include certain private individuals, particularly those who are public figures or have gained notoriety. The topic of slander also gained renewed attention in recent years, especially in political discourse, as seen in actions and statements made by public figures like Donald Trump regarding defamation laws. Despite calls for reform, legal experts suggest that altering defamation laws is complex and may not be directly within the power of individual political leaders. Understanding slander is crucial for recognizing the balance between protecting reputations and upholding free speech rights.
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Slander
Definition: False or defamatory speaking that injures another party
Significance: The victim of slander may seek, in court, compensation for injury sustained as a result of slander, but the First Amendment limits to some extent the availability of this remedy, especially when the victim is a public figure
Slander is the oral twin of its written sibling, libel. Both are defamations that falsely or maliciously injure another. Prior to the 1960s, slander was widely viewed as posing no constitutional issue regarding freedom of speech. Nevertheless, the possibility of obtaining damages for allegedly injurious spoken or written words inevitably has a dampening effect on free expression. Accordingly, beginning with the 1964 decision of New York Times Co. v. Sullivan, the Supreme Court has viewed defamation actions—whether for slander or for libel—as raising First Amendment issues. In the New York Times case, the Supreme Court held that the First Amendment prevented a public official from recovering damages for slander or libel unless the official demonstrated that a defamatory falsehood been made with actual malice—that is, with actual knowledge that a defamation was false or with reckless indifference to whether it was false or not. The Court has subsequently held that private individuals may in some circumstances be treated like public officials with respect to defamation, if they are famous or notorious or have somehow thrust themselves forward in the public eye.
As a candidate in 2016, President Donald Trump promised to change defamation laws in order to make it easier to bring lawsuits against news media organizations, publishers, and journalists. After the election, he walked back his promise during an interview with editors and writers at the New York Times, saying he might personally be in trouble if the laws were loosened. He renewed the pledge in January 2018, when he called US libel laws a “sham and a disgrace” after his personal lawyer filed a lawsuit against BuzzFeed News regarding an intelligence dossier that allegedly described Russian efforts to aid the Trump campaign. Legal experts indicate that the president may have little direct power to change defamation laws, whether at the federal or state level.
Bibliography
Grynbaum, Michael M. “Trump Renews Pledge to ‘Take a Strong Look’ at Libel Laws.” The New York Times, 10 Jan. 2018, www.nytimes.com/2018/01/10/business/media/trump-libel-laws.html. Accessed 7 May 2018.
Kenyon, A. Defamation: Comparative Law and Practice, UCL Press, 2013. eBook Collection (EBSCOhost), search.ebscohost.com/login.aspx?direct=true&db=nlebk&AN=355292&site=ehost-live. Accessed 7 May. 2018.
Levine, Lee, and Stephen Wermiel. The Progeny: Justice William J. Brennan’s Fight to Preserve the Legacy of New York Times v. Sullivan. American Bar Association, 2011. eBook Collection (EBSCOhost), search.ebscohost.com/login.aspx?direct=true&db=nlebk&AN=760428&site=ehost-live. Accessed 7 May. 2018.
Porterfield, Jason. Freedom of Speech or Defamation?: Expressing Yourself on the Web. Rosen Publishing Group, Inc., 2013. eBook Collection (EBSCOhost), search.ebscohost.com/login.aspx?direct=true&db=nlebk&AN=618331&site=ehost-live. Accessed 7 May. 2018.
Wilkie, Christina. “Trump Wants to Make It Easier to Sue the Media, but That Almost Definitely Won’t Happen.” CNBC, 11 Jan. 2018, www.cnbc.com/2018/01/10/trump-wants-to-change-libel-law-experts-say-theres-nothing-he-can-do.html. Accessed 7 May. 2018.