California Defamation Blog

Slander is the oral form of defamation. If someone speaks a false and “unprivileged” defamatory statement — at a meeting, over the TV or radio,in some other form of broadcast, or in a social group setting — the legal term for it is “slander”. Slander occurs when a defamatory statement is made where more than just one person speaks and …

Libel is a false and “unprivileged” statement about another person or company in writing. It might be posted on the Internet (including blogs and online reviews), presented in an article or commentary or a magazine or book.  Libel must contain a provably false statement, which is not written under legal protection (such as in a court document), that causes damage …

Defamation is a factually false statement about a person or company that is “unprivileged” (which legally means not protected by free speech rules from a claim for defamation).  To be defamatory, the statement(s) must damage their target’s character, profession, or standing in the community.  You cannot state that someone has done something illegal, or attack their chastity or conduct, if …

In the past month, two prospective clients asked me whether, in California defamation cases, the defense of innocence will defeat a libel claim. In the late 1950s, this defense was reviewed and rejected by the California Supreme Court. Using reasoning still current today, the high court said the defendant is liable for what is insinuated, and what is explicitly stated. “The fact that …

If some accuses you of defamation, you are facing substantial financial consequences. Mount a professional and thorough defense. The vast majority of attorneys would not feel competent defending themselves in a defamation suit, so defamation law is not something you should handle on your own. It involves complex areas of law, and as an experienced attorney and litigator I can help you quickly …

If accused of “Internet defamation“, i.e., making a defamatory statement about a person or company on the Internet, definitely – and promptly — consult a seasoned defamation attorney. I have several substantial defensive options to protect you from these types of suits. When threatened with an unjustified Internet defamation suit, I have tools to help you get a positive result. One option …

What is “publication” as it relates to defamation, and how does publication take place if the defamation is shared by the spoken word (known as “slander“)? Publication in defamation cases occurs the moment that the speaker’s false statement is communicated to a third party – someone other than the subject of the defamation. When does publication happen?  To be “published,” a …

“Defamation of character” is recognized by the public. People often ask me about defamation of character in San Diego. They inquire because they have suffered harm to their reputations due lies or false accusations. Defamation of character in legal terms falls into two general categories: libel or slander. Libel is an untruthful, harmful attack on another person or company via written …

Ruling on an Internet libel claim based on a Tweet, a federal court in Massachusetts last week dismissed a plaintiff’s complaint. The plaintiff shipped her retired racehorse away to become a companion horse. On the way the horse vanished and was presumed destroyed. This event became the source of online discussion. In that debate, the defendant posted this disputed Tweet …

Early in the assessment of a defamation action the question arises whether the plaintiff is a “public figure.” Public figures face a more challenging standard of proof than private people. There are two types of public figures in defamation law. The high-profile public figure (such as the Beatles or Bill Gates) is so thoroughly famous or infamous that he or she attains …