Article · Tort
The Sentence That Cost You a Job: What Defamation Law Actually Reaches
47 U.S.C. § 230
- Type
- Article
- Jurisdiction
- National
- Date
- 2025-05-26
- Topic
- Tort
Defamation law protects reputation far less than people expect and protects speech far more, and the gap between those two expectations produces most of the disappointment in this area. This article explains the five elements, the three that most claims fail on, and why the identity of the plaintiff changes the standard of proof more than the content of the statement does. It follows a hypothetical fired employee whose former supervisor said something untrue to a prospective employer, to show which parts of the case are provable and which are not. It explains why opinion is not automatically protected and why truth is a complete defense even when the statement was malicious. It covers the privileges that immunize most workplace and litigation statements, the online platform immunity that surprises everyone, and anti-SLAPP statutes that make a weak claim actively dangerous to bring. It closes with what these cases cost and what they realistically achieve.
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