Slander

Slander is a form of defamation that occurs when someone makes a false verbal statement of fact that damages another person’s reputation.

A slander claim arises when someone makes a false spoken statement that damages another person’s reputation. The law is designed to protect people from harmful lies while balancing the constitutional right to free speech under the First Amendment.

In simple terms, slander occurs when someone communicates a damaging factual lie about another person through spoken words. Insults, opinions, jokes, exaggerations, and substantially true statements generally do not qualify.

Not every insulting or offensive remark is slander. Opinions, jokes, exaggerations, and truthful statements are generally not considered defamatory.

For example:

• Falsely accusing a coworker of stealing money during a meeting.
• Telling customers that a business owner committed fraud when the accusation is untrue.
• Falsely claiming that a healthcare professional lost their medical license.

If these statements damage the person’s reputation and satisfy the legal requirements, they may qualify as slander.

How Does Slander Work?

Slander occurs when someone communicates a false statement of fact to another person by speaking rather than writing.

In many states, a plaintiff must generally prove:

1. The defendant made a false statement of fact.
2. The statement was communicated to at least one other person.
3. The statement referred to the plaintiff.
4. The required level of fault existed (such as negligence or actual malice).
5. The plaintiff suffered damages, unless damages are presumed under applicable law.

The specific legal requirements vary by state.

Elements of Slander

Although state laws differ, courts typically consider several key elements.

False Statement

To be considered slander, the law requires that the statement be materially false. Minor inaccuracies may not be enough if the overall meaning—or the “gist”—of the statement is substantially true. Because truth is generally a complete defense to slander, the plaintiff must show that the spoken statement contains false factual information that could harm their reputation. Statements that are true, even if embarrassing or damaging, usually cannot support a successful slander claim.

Publication

In defamation law, “publication” does not necessarily mean communicating something in a newspaper or on a website. Instead, it simply means communicating the statement to at least one person other than the individual or business being discussed. Publication can occur through an email, text message, online review, social media post, blog article, group chat, or even a printed flyer. The larger the audience, the greater the potential reputational harm, but a statement does not need to reach thousands of people to satisfy this legal element.

Identification

The plaintiff must show that the statement refers to them, either by name or in a way that a reasonable person could identify them. A publication does not have to mention someone’s full name if other details—such as their photograph, job title, business, location, username, or personal characteristics—make their identity obvious to listeners. If the audience can reasonably determine who the statement is about, this element may still be satisfied.

Fault

The plaintiff must generally prove that the defendant was legally responsible for publishing the false statement. For private individuals, this usually means showing that the defendant acted negligently by failing to exercise reasonable care before making or publishing the statement. Public officials and public figures face a higher burden and typically must prove actual malice, meaning the defendant either knew the statement was false or acted with reckless disregard for whether it was true. This higher standard helps protect free speech and open discussion on matters of public concern under the First Amendment.

Damages

Finally, the plaintiff must generally show that the false statement caused legally recognized harm. Depending on the circumstances, damages may include injury to reputation, emotional distress, lost employment opportunities, lost business income, or other measurable financial losses. In certain categories of slander cases recognized by state law, damages may be presumed without requiring proof of a specific financial loss. The types of damages available—and the evidence needed to recover them—vary by state and the facts of each case.

Examples of Slander

Slander can arise in many settings.

Examples include:

• Falsely accusing someone of committing a crime.
• Claiming a business owner engages in illegal conduct.
• Spreading false rumors that an employee was fired for theft.
• Incorrectly stating that a doctor is practicing without a license.
• Falsely alleging someone has a contagious disease.

Whether these statements constitute slander depends on the facts and applicable state law.

Slander vs. Libel

Although both are forms of defamation, the primary difference is how the false statement is communicated.

Today, many online statements that once might have been spoken are considered libel because they are published in a lasting format.

Slander Per Se vs. Slander Per Quod

Some states distinguish between two categories of slander.

Slander Per Se

Certain statements are considered so inherently harmful that damages may be presumed.

Common examples include false accusations involving:

• Criminal activity
• Serious professional misconduct
• Certain communicable diseases
• Sexual misconduct (depending on state law)

Slander Per Quod

For other defamatory statements, the plaintiff generally must prove actual financial or reputational damages.

Not every state follows these exact classifications.

Common Defenses to Slander

Several legal defenses may defeat a slander claim.

Truth

Truth is generally the strongest defense because falsehood is an essential element of defamation.

Opinion

Pure opinions usually are not actionable because they cannot be proven true or false.

For example:

“I think that restaurant has terrible service.”

This is generally protected opinion rather than slander.

Privilege

Certain communications receive legal protection, including:

• Statements made during judicial proceedings
• Legislative proceedings
• Some employer references
• Certain government communications

The scope of these privileges varies by jurisdiction.

Consent

If the plaintiff agreed to the publication or repetition of the statement, they may not have a valid claim.

What Evidence Can Help Prove Slander?

Because spoken statements disappear once they are made, proving slander can sometimes be more difficult than proving libel.

Evidence may include:

• Witness testimony from people who heard the statement.
• Audio or video recordings, when lawfully obtained.
• Text messages discussing the statement afterward.
• Emails repeating what was said.
• Business records showing lost customers.
• Employment records showing lost opportunities.
• Medical records documenting emotional distress.
• Notes made immediately after the statement was spoken.

The stronger the evidence connecting the statement to the harm suffered, the stronger a potential slander claim may become.

Damages in a Slander Lawsuit

If a plaintiff successfully proves slander, they may recover damages for:

• Harm to reputation
• Emotional distress
• Lost income
• Lost business opportunities
• Medical expenses related to emotional injuries (where applicable)
• Punitive damages in certain cases involving especially wrongful conduct

The available damages depend on state law and the facts of the case.

Can You Sue Someone for Slander?

Yes. A person who believes false spoken statements damaged their reputation may file a civil lawsuit against the person responsible.

However, success depends on proving every required legal element, and many claims fail because:

• The statement was true.
• The statement was opinion.
• There was insufficient evidence.
• The statute of limitations expired.
• A legal privilege applied.

Consulting an attorney can help determine whether a valid claim exists.

State Laws on Slander

Defamation law is primarily governed by state law.

As a result, states differ regarding:

• Filing deadlines (statutes of limitations)
• Required proof of damages
• Available defenses
• Fault standards
• Damage awards
• Rules for public figures

Anyone considering legal action should review the laws in the appropriate jurisdiction or speak with a qualified attorney.

Landmark Slander Cases

New York Times Co. v. Sullivan (1964)

Although this case involved a newspaper advertisement (libel), it established one of the most important rules in all defamation law. The U.S. Supreme Court held that public officials generally must prove actual malice to recover damages for defamatory statements about their official conduct. Actual malice means the defendant knew the statement was false or acted with reckless disregard for whether it was true. This constitutional standard applies broadly to both libel and slander claims involving public officials.

Gertz v. Robert Welch, Inc. (1974)

In this landmark decision, the Supreme Court distinguished between public figures and private individuals. The Court ruled that private individuals generally do not have to prove actual malice to recover compensatory damages, although states must still require some level of fault. The decision continues to shape how courts evaluate both libel and slander lawsuits today.

Milkovich v. Lorain Journal Co. (1990)

This case clarified that simply calling a statement an “opinion” does not automatically protect it from a defamation lawsuit. The Supreme Court explained that a statement may still be actionable if a reasonable person would understand it as asserting false facts. Although the case involved a newspaper article, its reasoning applies equally to spoken statements in slander cases.

Hustler Magazine, Inc. v. Falwell (1988)

This case involved a parody that no reasonable person would have understood as describing actual facts. After the defamation claim was rejected, the Supreme Court held that a public figure could not recover for intentional infliction of emotional distress without showing a false statement of fact made with actual malice. Although it was not a slander case, the decision demonstrates the strong First Amendment protection given to parody and satire.

Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. (1985)

The Supreme Court held that states have greater flexibility when awarding damages in defamation cases involving private individuals and matters of private concern. Unlike speech on issues of public importance, defamatory statements involving private matters may receive less First Amendment protection. This case influences both libel and slander claims involving businesses and private disputes.

How Slander Claims Differ From Physical Injury Lawsuits

Slander claims are civil lawsuits, but they differ from traditional personal injury claims involving physical injuries.

However, slander lawsuits can still result in financial losses, emotional distress, and other damages that may justify compensation.

If someone is pursuing litigation involving reputational harm or another civil claim, understanding the legal process—including settlement options—can help them make informed decisions about their case.

Frequently Asked Questions

What are the elements of slander?

Generally, a plaintiff must prove a false statement of fact, communication to another person, identification of the plaintiff, the required level of fault, and legally recognized damages where required.

Is telling the truth slander?

No. Truth is generally a complete defense to a slander claim because defamation requires a false statement.

Is an opinion considered slander?

Usually not. Pure opinions that cannot be proven true or false are generally protected by the First Amendment.

How long do you have to sue for slander?

The deadline depends on the state’s statute of limitations. Many states require claims to be filed within one to three years, but the exact timeframe varies by jurisdiction.

Can businesses sue for slander?

Yes. Businesses may bring defamation claims if false spoken statements damage their reputation or cause financial losses.

Disclaimer: This article is provided by Express Legal Funding for general informational and educational purposes only and should not be considered legal advice. Because defamation laws, including slander, vary by state and every case is unique, you should consult a qualified attorney for legal guidance specific to your situation. If you have a pending civil lawsuit and want to learn whether your case may qualify for pre-settlement funding, Express Legal Funding can explain your options and the legal funding process.