About Slander

Slander involves the spoken word. The method of delivering slander can come from sign language or gestures. It differs from libel in the manner of delivery. Libel involves printed word or something that remains for a long time like a film. Both are defamation of character and you can sue for either.

History

Initially the U.S. slander laws came from the English defamation law and traced back as far as 1272. The laws at that time punished offenders with either civil offenses or criminal charges. Changes to the English common law came quickly in the U.S. In 1734, John Zenger established that the truth played an important part when it came to defamation. Although the case revolved around a libel case, it carried to all defamation. By 1964, the court case New York Times vs. Sullivan, established that if the press defamed an individual, they weren't held responsible if they believed the information true and didn't publish it with reckless disregard.

Features

Don't expect to file a slander charge against a person because he called you a name to your face. You have to have the statement made to a third party. The statement also needs to be false, so if they're just gossiping about behavior you exhibited, they're still within their legal limits even if the person is incredibly mean.

Size

You might win the case but not get a huge settlement. Sometimes the jury only awards $1. If you're a public figure, you expect some slander under the name of opinion. As long as the individual states that this is an opinion, it's not slander. In addition, public figures have to prove malice when there's slander.

Types

Most of the states differentiate between two types of slander. There is defamation per se which means that the person's statement was slanderous for its face value. If a former employer told someone that you stole money, when he knew you didn't, that's defamation per se. Within defamation per se, there are four types of slander. If someone falsely accuses you of a crime, says you have a horrible and disgusting disease, says you aren't capable to conduct your trade or business or claims you've had serious sexual misconduct you don't necessarily have to prove special damages in defamation per se states. There are six states that don't recognize the difference between defamation per se and defamation per quod.

Effects

Slander isn't funny. There are stories about horrible things occurring to people because someone started a lie to get their job. High school girls often feel the wrath of young men they refuse sexually from malicious lies spread by them. The executive might spend the rest of his life at a dead end low paying job if the slander spread enough. Today, rumors about child molestation damages not just careers of teachers but also other professionals. Suing for slander may be the only way to stop the slanderer. The problem is, even if you win, people seldom get that information as fast as the juicy gossip spread about you.

Considerations

Protect yourself from a slander suit. If you repeat information that is slanderous, you are as guilty as the person that initiated it is. Unless there's a life-threatening situation, most slanderous remarks are nothing more than hurtful remarks.