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.

The Sentence That Cost You a Job: What Defamation Law Actually Reaches

Tort > Defamation and Reputation | Published 26 May 2025 - Updated 2 May 2026 | UpLaw - uplaw.us

Dev was a regional sales manager for eleven years. He was let go in a reorganization, took it well, and started interviewing.

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