Guide · Tort

Defamation and Reputation: A Comprehensive Guide to Falsity, Fault, Privileges, and Damages

47 U.S.C. § 230

Type
Guide
Jurisdiction
National
Date
2024-10-21
Topic
Tort

This guide covers defamation and reputational torts from the elements through trial. Part 1 sets out the five elements and the two that most claims fail on, and Part 2 covers the fault standards and the public figure analysis that determines them. Part 3 covers opinion, provable falsity, substantial truth, and defamation by implication. Part 4 covers defamation per se and the damages architecture that makes reference-call cases viable at all. Part 5 sets out the absolute and qualified privileges, where most claims actually end, and Part 6 covers online statements, platform immunity, and anonymous speakers. Part 7 covers anti-SLAPP procedure and retraction statutes, both of which change the value of a claim before any discovery. Part 8 covers the adjacent torts that are frequently stronger than defamation on the same facts. Parts 9 through 12 cover employer references, limitations and the single publication rule, litigation and damages proof, and insurance and realistic resolution.

Defamation and Reputation: A Comprehensive Guide to Falsity, Fault, Privileges, and Damages

Tort > Defamation and Reputation | Published 21 October 2024 - Updated 21 February 2026 | UpLaw - uplaw.us

Defamation is the tort that protects reputation, and it is structured almost entirely around the competing interest in free expression. Nearly every doctrine in this guide exists to limit the tort rather than to extend it, and understanding that orientation explains outcomes that otherwise look arbitrary.

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