First Amendment Rights: Constitutional protections for free speech and their limitations when it comes to defamatory statements. Must be considered as the fundamental framework for any defamation claim.
State-Specific Defamation Laws: Individual state statutes regarding slander, including varying statutes of limitations and different standards for public versus private figures.
Federal Defamation Laws: Federal regulations including the Communications Decency Act and interstate communications regulations, particularly relevant for online defamation cases.
Elements of Slander: Core requirements for a slander claim: false statement of fact (not opinion), publication to third parties, fault amounting to at least negligence, and harm/damages to reputation.
Defamation Per Se Categories: Statements that are considered inherently defamatory: accusations of criminal activity, professional incompetence, loathsome disease, or sexual misconduct.
Legal Requirements for C&D Letters: Essential components of a valid cease and desist letter: clear identification of false statements, specific demands, reasonable timeframe for compliance, documentation of damages, and notice of potential legal action.
Fair Business Practices Acts: Legislation protecting businesses from unfair practices, relevant when slander affects business operations or commercial relationships.
Privacy Laws: Federal and state privacy regulations that may be relevant if the slanderous statements involve disclosure of personal information.
