The recent email circulated by WHMP radio host Bill Dwight and Northampton Mayor Mary Clare Higgins' campaign co-manager Lisa Baskin to hundreds if not thousands of people in the city of Northampton, and maybe beyond, describes numerous persons as, "angry yellers," "teabaggers," and "angry white men." Does this vitriol distributed to "buck up," Higgins' supporters after she lost the Sept. 15 preliminary election to mayoral frontrunner Michael Bardsley constitute Defamation of Character on the part of Mr. Dwight?
Definition of Defamation from U.S. Legal Definitions
Defamation is an act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Such defamation is couched in 'defamatory language'. Libel and slander are subcategories of defamation. Defamation is primarily covered under state law, but is subject to First Amendment guarantees of free speech. The scope of constitutional protection extends to statements of opinion on matters of public concern that do not contain or imply a provable factual assertion.
Libel is published material meeting three conditions:
- the material is defamatory either on its face or indirectly;
- the defamatory statement is about someone who is identifiable to one or more persons; and,
- the material must be distributed to someone other than the offended party; i.e. published, as distinguished from slander.
Defintion of Slander from U.S. Legal Definitions
Slander is the oral communication of false statements that are harmful to a person's reputation. If the statements are proven to be true, it is a complete defense to a charge of slander. Oral opinions that don't contain statements of fact don't constitute slander. Slander is an act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Slander is a subcategory of defamation.
The basic elements of a claim of slander include;
- a defamatory statement;
- published to third parties; and
- which the speaker or publisher knew or should have known was false.
Slander is primarily covered under state law, but is subject to First Amendment guarantees of free speech. The scope of constitutional protection extends to statements of opinion on matters of public concern that do not contain or imply a provable factual assertion. If the slander unjustly accused you of a crime or reflected on your profession, the court or jury can assess the damages. For other types of slander you generally must prove some actual damage to be able to recover.
Slander of title is a common law tort involving a disparaging remark regarding ownership of property. It affects the owner's ability to transfer the property, resulting in a monetary loss.
