Defamation Law

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We invite you to explore our defamation defense practice area, where you will discover what sets us apart in the legal, and reputation management, landscape. 

We are a singularly unique law firm with a distinctive, laser-focused practice area— defamation and its closely associated branches, libel and slander.

In this new era, characterized by rapid digital communication and instant global reach, safeguarding business brands from the stain of defamation has emerged as an absolutely vital undertaking. 

This understanding forms the cornerstone of our mission, fueling our dedication to vigorously pursue claims against those who daringly attempt to tarnish the reputations of our clients. Whether the defamatory actions take place in the digital sphere or in traditional print media, our commitment to defending your reputation remains unyielding.

Our firm wholeheartedly embraces a comprehensive approach to reputation management, recognizing that reputation defense extends far beyond the courtroom. 

This philosophy is embodied in our unique in-house digital group. 

Our team of digital experts works in seamless collaboration with our legal professionals, each enhancing the work of the other. 

As our skilled anti-defamation attorneys navigate the complex legal pathways to challenge and remove defamatory content, and relentlessly prosecute those who dare to author such damaging material, our digital group is simultaneously at work. 

Their mission is to execute carefully crafted search engine optimization (SEO) and public relations strategies. 

These strategies are designed to combat online defamation by suppressing negative articles, ensuring they lose their prominence in search results. The ultimate goal is to fortify and maintain the robust, positive image of your brand, even in the face of adversarial circumstances.

But our firm's dedication to defending your reputation doesn't end at the U.S. borders. In our interconnected world, a locally-focused approach is insufficient. We understand that defamatory attacks can originate from anywhere and can cause harm regardless of geographical boundaries. 

With this global perspective, we've established cooperative relationships with law firms abroad. 

These strategic alliances empower us to extend our reach, challenging and removing defamatory articles that fall under foreign jurisdictions.

In particular, we've made significant strides in leveraging the European 'right to be forgotten,' a groundbreaking provision that provides a unique avenue for reputation defense. 

This legal position, established by the Court of Justice of the European Union, empowers individuals to request that certain data about them be erased from search engine results under specific circumstances. It's a powerful tool in the fight against online defamation, and our firm has developed the expertise to make the most of it.

From the U.S. to Europe and beyond, our firm is committed to providing the most comprehensive, effective, and global reputation defense. 

No matter where the threat to your reputation comes from, our unique combination of legal expertise, digital strategy, and global reach equips us to respond effectively, defending your reputation and safeguarding your brand.

Understanding Defamation

Defamation involves making false statements about someone which causes injury to their reputation. It's divided into two main types: slander refers to spoken defamation, while libel pertains to written or published defamation. In the digital age, libel has become especially significant due to the prevalence of online communication.

Businesses can suffer greatly from defamatory remarks, which can damage a brand's reputation and result in substantial financial loss. Protecting your brand from defamation is therefore a vital part of any business strategy.

Federal Defamation Law

At the federal level, the U.S. does not have any specific defamation statutes. Instead, defamation law has been shaped over time by numerous court cases, under the guidance of the First Amendment, which guarantees freedom of speech. This does not, however, give individuals or organizations the right to make false claims that harm the reputation of others. The balance between these two factors forms the cornerstone of federal defamation law.

One of the essential federal defamation cases is New York Times Co. v. Sullivan (1964), where the Supreme Court held that public figures could only succeed in a defamation lawsuit if they could prove that the statement was made with "actual malice" - that is, knowing it was false or with reckless disregard for the truth.

As for Anti-SLAPP laws (Strategic Lawsuit Against Public Participation), there is no federal Anti-SLAPP law as of my knowledge cutoff in September 2021. These laws are designed to prevent the use of courts and potential threat of litigation to intimidate or silence critics. They vary greatly from state to state, with some states having robust Anti-SLAPP laws, and others having none at all.

State Defamation Laws: California

Diving into state defamation laws, we start with California, one of the most populous states in the U.S. California's defamation laws are codified in its Civil Code, with libel and slander categorized as 'torts' or civil wrongs. 

To win a defamation case in California, the plaintiff must prove that the statement was false, it was made as a fact, it was unprivileged, it has a natural tendency to injure or it directly caused damage, and it was negligently or intentionally communicated to someone other than the plaintiff.

In addition to these traditional elements of defamation, California also has a strong Anti-SLAPP law, designed to quickly end unmeritorious lawsuits that threaten the constitutional right of freedom of speech. It provides a mechanism for the defendant to ask the court to dismiss the claims early in the litigation process.

State Defamation Laws: Texas

Next, we come to Texas, another significant jurisdiction in terms of population. In Texas, defamation claims involve the communication of a false statement that injures someone's reputation. Like California, Texas requires that the statement was published to a third party and that damages were caused as a result. If the plaintiff is a public figure, they must also prove actual malice.

Furthermore, Texas has a robust Anti-SLAPP statute known as the Texas Citizens Participation Act (TCPA). It aims to safeguard the rights of people to petition, speak freely, associate freely, and otherwise participate in government to the maximum extent permitted by law.

State Defamation Laws: Florida

Florida defamation law stipulates that the plaintiff must prove the published statement was false and that the defendant was at fault in publishing it. The statement must have harmed the reputation of the plaintiff and the harm must be able to be measured in damages. In cases involving public figures or matters of public concern, Florida courts require a showing of actual malice.

Florida does not have a specific Anti-SLAPP statute. However, Florida courts allow defendants in defamation cases to file a motion to dismiss, based on grounds that the lawsuit was filed in retaliation for the defendant's exercise of First Amendment rights.

State Defamation Laws: New York

New York law defines defamation as a false statement published to a third party without privilege or authorization that causes harm. New York courts make a distinction between defamation per se (statements so harmful that damages are presumed) and defamation per quod (where damages must be proven).

New York has a narrow Anti-SLAPP law, primarily protecting petitioning activities and participation in government. It allows for the award of attorney's fees and costs to the defendant if the plaintiff cannot establish a probability of prevailing on their claim.

European Defamation Law

Turning our attention across the Atlantic, European defamation law differs significantly from U.S. law. Many European countries provide more protections against defamatory statements, leaning more towards the protection of reputation than absolute freedom of speech.

A particularly distinctive aspect of European law is the "right to be forgotten," which allows individuals to request the removal of personal data from internet search results. This rule, established by the Court of Justice of the European Union, has significant implications for defamation and reputation management.

Cross-Border Legal Actions

Given the global nature of the internet, cross-border legal actions are becoming increasingly common. We navigate the complex international legal landscape to protect our clients' reputations. Understanding the role of the Internet Corporation for Assigned Names and Numbers (ICANN) and domain disputes is key to this aspect of our work.

When a defamatory statement is published on a website hosted in a foreign country or causes damage in a foreign jurisdiction, there might be an opportunity to take legal action in that country. This approach could be beneficial as some countries, such as those in Europe, provide stronger protections against defamation than the U.S.

Case Studies

Over the years, we've successfully helped numerous businesses protect their reputations from damaging defamatory statements. Each case has its unique challenges and intricacies, and we've used these experiences to constantly refine our legal and reputation management strategies. Our in-house digital group enhances our legal strategy by ensuring that your brand's positive image stays at the forefront of online content.

State Defamation Laws: Pennsylvania

In Pennsylvania, defamation includes any communication that tends to harm the reputation of another, so as to lower the person in the estimation of the community or deter third parties from associating or dealing with that person. 

Pennsylvania law requires that the statement is defamatory, the statement is about the plaintiff, it's communicated to a third party, and the plaintiff's reputation is injured as a result.

Pennsylvania does not have a specific Anti-SLAPP statute but has proposed one several times. The law would protect the rights of Pennsylvanians to free speech and to petition their government.

State Defamation Laws: Illinois

Illinois law defines defamation as false statements about a person that cause injury to that person's reputation. The elements of defamation in Illinois are the same as in many other states: a false statement of fact, that concerns and harms the plaintiff, and is published to a third party.

Illinois has an Anti-SLAPP law, known as the Citizen Participation Act. This law protects citizens from lawsuits that are meant to stifle their ability to freely participate in government or freely speak.

State Defamation Laws: Ohio

Ohio law categorizes defamation into libel and slander. To succeed in a defamation case in Ohio, the plaintiff must prove that a false statement was made, it was published, it caused injury, and it was made negligently or with malice.

Ohio does not have a specific Anti-SLAPP statute. However, defendants can make use of certain strategies to get a defamation lawsuit dismissed if they believe it was filed merely to intimidate or silence them.

State Defamation Laws: Georgia

Under Georgia law, defamation is defined as a published false statement about a person that harms the reputation of that person. Georgia law requires that the plaintiff show the statement was false, defamatory, and was communicated to a third party.

Georgia has a narrow Anti-SLAPP statute that only applies to speech made before a government body or in connection with an issue under review by a government body.

Partnering with Foreign Firms for International Defamation Cases

Our firm has a global reach in its pursuit to protect and repair our clients' reputation. To ensure we can effectively address defamation occurring outside the U.S., we partner with foreign law firms. These collaborations allow us to navigate foreign legal systems and use any available local legal protections, particularly in cases involving the 'right to be forgotten.'

Contact Us

Our firm is dedicated to preserving and protecting the reputation of your business. We invite you to reach out to us to learn more about our specialized approach to defamation law and how we can be of service. Our team is ready to work zealously on your behalf to prosecute defamers, remove damaging content, and manage your brand's reputation.