What Is Slander?

The First Amendment protects freedom of speech from government limits or punishment.

But sometimes, saying something untrue and damaging about someone else can be grounds for a lawsuit.

When does false speech about someone qualify as slander that loses free speech protection?

What is slander?

Slander is making false statements about someone that damages that person’s reputation to someone other than the subject of the speech. An opinion is not slander; slander is statements that can be proved false. Saying something true that damages someone’s reputation might be an invasion of privacy, but it is not slander.

Slander is one of two types of defamation. Slander is spoken defamation, while libel is written defamation.

When might slander apply?

Slander means defamation that is said aloud, so any verbal content that is shared with others could potentially be slanderous if it meets the elements of slander under a state’s law.

Slander would therefore apply to video or audio recordings that are shared by social media, emailed to others or otherwise distributed; text-based social media posts or emails would be libel.

It could also apply to a verbal remark made in person in a way that is heard by anyone in addition to the speaker and the person the statement is about.

Who can be held responsible for slander?

With some exceptions, anyone who makes a slanderous statement can be sued.

People who repeat or share a recording of the statement could also be held responsible, if they do so with some degree of fault (depending on who has been slandered) that can range from sharing it negligently (if it is about a private person) to sharing it while knowing it was false (if it is about a public official or a public figure).

News media outlets can be held responsible for any slander they broadcast. However, some states and courts in some cases have allowed news organizations leeway to report in a neutral way claims made by prominent people or organizations against other prominent people or organizations when the claims are of public interest — even if the claims might turn out to be slander. This protection applies when the station is repeating the slanderous statement not because they believe it but because the fact that it was originally said is news itself.

Who can be held responsible for video or audio posted online that may be slander?

Users who share or repost defamatory statements online via social media posts (including video or audio that is slander or text-based posts that are libel) may also be liable in addition to the original poster of the content.

On the other hand, content distributors and platforms are typically not legally liable if they sell or make available content such as a video that contains slander. Social media platforms and other distributors generally cannot see and evaluate the contents of every post they distribute, so they are not held responsible for the contents. The law that sets this standard for websites is called Section 230.

What are the standards by which slander cases are judged?

The U.S. Supreme Court has set the standards by which laws against defamation, including slander, can be enforced in line with the First Amendment.

Generally, laws against slander require proving that a statement meets several specific criteria:

• Materially and substantially false — A significant or important falsehood, not an insignificant error.
• Assertion of fact — Something that is verifiable as true or false, not a statement of opinion.
• Defamatory — Harmful to someone’s reputation.
• About a living person or a corporation — The statement must identify an actual person.
• Distributed — This can also be as simple as a single person other than the speaker and the subject of the statement hearing it, or it can involve a recording of the verbal statement being shared with others.
• With some degree of fault — When made about a private person, showing negligence is enough to demonstrate fault. Even if the publisher didn’t know that the information was false when released, they can still be held accountable for slander if they should have known. A public figure such as a government official, celebrity or well-known community leader claiming someone has slandered them must show that the person’s false statement was made with actual malice; that is, the speaker knew or should have known it was false but said it anyway.
• Causes damage to the subject of the statement — The subject of the statement must show actual economic injury, but the law also provides for compensation for emotional injury and, in some instances, “punitive” damages that are meant to deter similar behavior in the future.

A person suing for slander can only win their lawsuit if they can prove that all of these elements are met.

What are some examples of famous slander cases?

Lee Daniels apologizes to Sean Penn for potentially defamatory comments

In May 2016, “Empire” TV show creator Lee Daniels apologized to actor Sean Penn for comments in an interview tying Penn to domestic violence. Penn had sued for defamation, and Daniels had tried to get the lawsuit dismissed, claiming his statements were his opinion. In the end, Daniels apologized for his statement, paid Penn’s legal fees, and made a donation to a charity of Penn’s choice, and the lawsuit was mutually ended out of court.

Blogger’s videos about Cardi B ruled defamation

Rapper Cardi B won a nearly $4 million defamation lawsuit in January 2022 against Tasha K, a video blogger who had posted sensational claims about the artist on YouTube. A judge also ordered the video blogger to remove the videos.

Sandy Hook parents defamed by Infowars

Alex Jones, pictured above (credit: Tyler Sizemore/Hearst Connecticut Media via AP), founder of the website Infowars, was ordered in November 2022 to pay more than $1 billion after Jones’ claims on his website and podcast about the 2012 shooting at Sandy Hook Elementary School were ruled defamatory in two lawsuits. Jones had claimed the shooting was staged, and relatives of those killed sued Jones and his company.

Fox News settles defamation lawsuit over election claims

In April 2023, Fox News settled out of court a defamation lawsuit brought by Dominion Voting Systems over the cable network’s on-air claims about voting machines used in the 2020 election. Fox News paid Dominion nearly $800 million.

Rudy Giuliani found liable for defaming election workers

In April 2023, former New York City Mayor Rudy Giuliani was found liable for defamation in a lawsuit by two election workers. A judge ruled that statements he made during a Georgia legislative hearing in 2020 claiming election workers committed election fraud were false and defamatory.

K-pop group seeks YouTuber’s identity to sue for defamation

In April 2024, K-pop group NewJeans asked a federal court to order Google to release information about an anonymous YouTube account that the group said was making slanderous statements in videos. The group planned to sue the video poster in South Korea under its slander and defamation laws.

Karen Hansen is a content writer at Freedom Forum. She can be reached at [email protected].  

This article is compiled based on previously published Freedom Forum content and with the input of Freedom Forum Vice President and First Amendment Expert Kevin Goldberg.