What is Slander?

Slander is a form of defamation that involves making false and damaging oral statements about someone. Unlike libel, which refers to lasting forms of defamation like writing or recordings, slander is transitory, meaning it is spoken aloud to a third party.

Key Elements of Slander

To legally qualify as slander, a statement generally must meet the following criteria:

• It must be false: If a statement is true, it is not considered defamatory, no matter how harmful it is to the person's reputation.

• It must be "published": In legal terms, this means the false statement was heard by at least one person other than the subject of the slander.

• It must cause harm: The victim must usually prove "special damages," such as financial loss or the loss of a job, resulting from the statement.

• It must be unprivileged: Certain situations (like testimony in court) are "privileged," meaning speakers are protected even if they say something false.

A highly famous slander case is New York Times Co. v. Sullivan (1964), which established that public officials must prove "actual malice"—knowing falsity or reckless disregard for the truth—to win.  This contrasts sharply with the "Key Elements of Slander" (above) which apply to non-public figures.  Since New York Times v Sullivan different classes of public figures have been defined and protections for political criticisms have broadened.  This discussion requires a great deal of nuance and will be addressed in a later (and much longer) post.

Slander vs. Libel

While both fall under the umbrella of defamation, the primary difference lies in how the message is delivered: