Defamation may seem simple, but when it comes to present day American defamation law, there are five requirements a statement must meet in order to be considered defamatory in court. Though we will cover each element in more depth in the following posts, let’s start with a brief overview.
First, the statement at issue must be false. Because the First Amendment’s protection of the right to freedom of speech is fundamental to American democracy, a true statement cannot be considered defamatory no matter how offensive or injurious.
Second, the…read more >