What is Slander Per Se in Defamation Law?

Slander per se is a type of spoken defamation involving a false assertion of fact. Sometimes this is considered so damaging that the plaintiff is not required to prove actual damages.

If someone said something untrue about you and it drastically harmed your reputation, you may be wondering if you can sue them for defamation. There may be a personal injury case under slander per se that you can pursue to recover damages.

What is Slander in Law?

Defamation is the act of damaging an individual’s reputation through speech. If it is verbal, it is considered slander; if it is written, it is considered libel.

The difference between the two is that slander disappears as soon as it is spoken. Libel is permanent because it is written down or recorded.

IMPORTANT: Most defamatory statements posted on social media are considered libel as they are written and “published.”

It’s important to make this distinction because if a plaintiff presents the wrong claim, it might get rejected in court.

Slander vs. Slander Per Se

Slander per se is a statement that is so damaging on its face (meaning it is obvious to everyone who hears it) that the plaintiff doesn’t have to prove actual damages.

Instances of slander per se usually involve a false statement that indicates:

• Someone has committed a crime
• Acted improperly at work or in business
• Engaged in sexual misconduct
• Has a debilitating disease

Examples of Slander Per Se

In most U.S. states, slander per se involves a false statement in one of four categories:

1. The claim that a crime has been committed.
2. An allegation of improper conduct in one’s profession, trade, or business.
3. Statements alleging sexual misconduct.
4. The claim that a person suffers from a contagious disease.

Examples of slander per se may be if someone spreads damaging, false information to an employer to prevent someone from getting a job over the phone.

False rumours about someone carrying a sexually-transmitted disease that ostracizes them from the community may be another example of slander per se.

What is Not Considered Slander Per Se?

First, if a statement is true, it is not slander per se. Truth is the ultimate defence against a defamation claim, and any form of that quashes any chance of a claim going through.

Second, if it is in the form of a written statement, it is libel, not slander of any kind.

It is helpful to know that there are two types of defamation claims: defamation per se and defamation per quod.

For slander per quod, the plaintiff will need to show how they were damaged by the statement in question. For example, if you say that your neighbor’s “famous cookies” are store-bought and they take you to court over it, they’d have to show how that statement caused them damage.

How to Prove Slander Per Se in Your Lawsuit

You need to prove that the defendant made a false statement about you that caused you obvious harm. If you have video of them speaking or witnesses who will testify to what was said, that will help your case.

Written records of what was said may also be helpful, such as a text exchange or notes made right after the slanderous event.

IMPORTANT: To prove slander per se, work with a defamation lawyer when filing the lawsuit. Improper pleadings will likely result in your case being dismissed.

Defamation claims involving slander per se are more solidified the more specific their claim was. If someone falsely says “Robert intentionally broke my arm and leg.” instead of “Robert assaulted me.”, the specifics may heighten the chances of a case.

If you were falsely accused of a crime, there’s a stronger case for damages if the crime was of moral turpitude. This refers to crimes that run contrary to conventional standards of morals and justice.

Common Defenses Against Slander Per Se Lawsuits

One of the most powerful defenses against slander per se lawsuits is staying mindful of what you say. Keep statements concise and leave no room for interpretation.

It’s also not an acceptable defense against slander per se if you couch your statements as an opinion.

Truth is an Absolute Defense

If the statement in question can be proved true or substantially accurate, the slander per se lawsuit will not be successful. Defamation rests on a false assertion of fact.

True opinions are also a viable defense against a defamation claim as they cannot be proven true or false.

Anti-SLAPP Laws

Those who sue for slander should be aware of their state’s anti-SLAPP laws, which address Strategic Lawsuits Against Public Participation (SLAPPs).

These are lawsuits filed by individuals or corporations attempting to use the threat of a lawsuit to intimidate those exercising their First Amendment rights. In some cases, former SLAPP defendants may even sue for damages for abuse of the legal process.

Anti-SLAPP laws enable defendants to get defamation lawsuits dismissed quickly if the speech in question is of public concern.

Pennsylvania and 33 other states and the District of Columbia have enacted laws of this nature. Thus, it is harder for a public person, politician, or celebrity to sue for slander per se.

Recoverable Damages From a Slander Per Se Case

Slander occurs when a false statement presented as fact damages another person’s reputation or causes personal injury. The resulting non-economic damages may be devastating.

1. A damaged reputation may bar you from necessary employment or community involvement.
2. The emotional distress from seeing your friends and family believe another person’s lies is traumatizing.
3. Acts of defamation may turn your healthy workplace into a hostile work environment against you.

All of these losses can be considered recoverable damages.

Statute of Limitations for Slander Per Se Lawsuits

In a defamation case, the statute of limitations is something you should be aware of. This clock, so to speak, begins on the day on which the defendant first said or wrote the defamatory words about you.

The actual statute of limitations varies by the state where you reside and is usually between 1 and 3 years. The most common limit is one year.

Because time limits are a factor, you should reach out to a personal injury attorney today. It is more affordable than you may think as fees are generally only paid to the lawyer if you win your case.

Find a Personal Injury Attorney to Protect Your Reputation

Slander is a complex area of law because of the right of free speech we enjoy in the U.S. However, you also have the right to not have someone spreading lies about you.

If someone slanders you and harms your reputation, the right course of action might be to file a lawsuit.

The best thing to do is to meet with a skilled personal injury attorney to see if you may have a defamation per se case.