What is the legal difference between libel and slander, and what standard applies to public figures in defamation cases?
Reading time...
Explanation
Defamation encompasses both libel (written, printed, or broadcast false statements) and slander (spoken false statements). Elements of defamation generally include a false statement of fact (not opinion), publication to a third party, fault, and damages. The landmark case New York Times Co. v. Sullivan (1964) created a heightened standard for public officials and later public figures: they must prove the defendant acted with 'actual malice,' meaning the statement was made with knowledge it was false or with reckless disregard for its truth or falsity. This high bar protects robust debate about public figures and policy. Private individuals only need to prove negligence in most states. Truth is an absolute defense to any defamation claim.