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A comprehensive discussion of what is and is not libel or slander under American law is difficult, as the definition differs between different states and is further affected by federal law. [80] Some states codify what constitutes slander and libel together, merging the concepts into a single defamation law. [54]
Defenses to libel that can result in dismissal before trial include the statement being one of opinion rather than fact or being "fair comment and criticism", though neither of these are imperatives on the US constitution. Truth is an absolute defense against defamation in the United States, [1] meaning true statements cannot be defamatory. [2]
In the context of defamation actions (libel and slander) as well as invasion of privacy, a public figure cannot succeed in a lawsuit on incorrect harmful statements in the United States unless there is proof that the writer or publisher acted with actual malice by knowing the falsity or by reckless disregard for the truth. [3]
Defamation law has a long history stretching back to classical antiquity. While defamation has been recognized as an actionable wrong in various forms across historical legal syst
The crime of scandalum magnatum (insulting the peers of the realm through slander or libel) [6] was established by the Statute of Westminster 1275, c. 34, [7] but the first instance of criminal libel is generally agreed to be the De Libellis Famosis case, [8] tried in the Star Chamber in the reign of James I by Edward Coke who, in his judgement ...
Fair comment is a legal term for a common law defense in defamation cases (libel or slander). It is referred to as honest comment in some countries. United States
Claims of libel and slander. False arrest, imprisonment or detention. Invasion of privacy. Malicious prosecution. Wrongful eviction or entry.
Substantial truth is a legal doctrine affecting libel and slander laws in common law jurisdictions such as the United States or the United Kingdom. United States law