Understanding Defamation Lawsuits

In America, freedom of speech is a right protected under the first amendment. While this is true, defamation acts on a limit of freedom of speech as well as freedom of the press as a false statement can harm the reputation of another. By definition, defamation is a false statement presented as fact that causes injury or damage to the character of the person it is made about or against. 

In the most recent defamation news, Chess grandmaster Hans Niemann has filed a $100 million dollar defamation lawsuit against Chess world champion Magnus Carlsen for cheating allegations, as well as the family of George Floyd plans to file a $250 million dollar defamation lawsuit against Ye, formerly known as Kayne West. 

Being able to recover compensation for constitution rights being violated is one of the pillars of justice in America, so understanding defamation lawsuits is incredibly important both on a global and local scale.

Opinion vs. Defamation

Understanding the difference between stating an opinion and defaming someone is important to discover if you are able to recover financial compensation. A statement made with knowledge that it was untrue or with no regard for the truth is considered defamation.

An example of an opinion would be, “I think Jessica is mean”, whereas a defaming statement would be “I think Jessica stole money from her office”. The latter implies a crime was committed and if it is untrue, then it is a defaming statement about her. As often seen in the press, the term “alleged” is used to avoid any responsibility for defaming character.

Understanding the differences between opinion and defamation is especially vital when dealing with businesses and fake reviews. “Many reviews are justified, and it is difficult to argue with a person’s opinion in an open forum, but if the review is false or misleading or was not written by a customer or someone associated with your business, the law is designed to protect you,” notes The Fang Law Firm.

Proving a Defamation Claim 

Victims of defamation may be able to file a personal injury lawsuit on the concept that damage to the reputation occurred. In order to prove defamation occurred, a victim has the burden of proving four elements:

1. A false statement made by the responsible party was purporting to be fact.
2. The false statement was published or communicated to a third party.
3. The responsible party that made the statement did so negligently, recklessly or intentionally.
4. Damages or some negative effect was caused to the reputation of the victim or entity.

Defamation cases can be filed against various people, parties, and publishers. Different states vary in their anti-defamation statutes and different states will interpret defamation laws differently.

What to Do After Defamation Occurs

Defamation can be damaging to one’s career, public image, and self-esteem. From big celebrities to local businesses, defaming statements can be made against any person or entity at any time. 

If you or a loved one was a victim of defamation, you may be able to recover compensation through a lawsuit. If the situation meets the criteria listed above, schedule a free consultation with an experienced lawyer to explore your legal options. A lawsuit may be able to help cover costs to rebuild a brand or business.