{"id":353441,"date":"2016-04-04T10:46:59","date_gmt":"2016-04-04T15:46:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/defamation-libel-and-slander-background.html"},"modified":"2023-08-17T15:08:00","modified_gmt":"2023-08-17T20:08:00","slug":"defamation-libel-and-slander-background","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/defamation-libel-and-slander-background.html","title":{"rendered":"Defamation, Libel, and Slander: Background"},"content":{"rendered":"\n
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Defamation, Libel, and Slander: Background<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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How the United States created its defamation laws isn’t just ancient history. The underlying legal theories and historical developments still matter in cases today.<\/p>\n\n <\/div>\n\n\n\n

The law of defamation protects a person’s reputation. That means protecting their good name against false and derogatory communications.<\/p>\n

This article will explain the legal history of defamation, libel, and slander and how it shapes cases today. If you have a claim against someone, however, your best resource will likely be a defamation lawyer<\/a>. They can describe how the law will affect your options.<\/p>\n

Defining Defamation: Libel vs. Slander<\/h2>\n

Before you learn about the legal background, it’s helpful to understand the terms. Defamation claims<\/a> consist of two torts: libel and slander.<\/p>\n

The main difference between the two types of defamation is the form in which the defamatory statement occurs. Libel consists of any defamation that can be seen, most typically in writing. Slander consists of oral (spoken word) defamatory communications. The elements of libel and slander<\/a> are nearly identical to one another.<\/p>\n

English Origins of Defamation Law<\/h2>\n

Historically, there was much less protection for speech<\/a> than we enjoy today, including for publishers and the press.<\/p>\n

History books are full of examples of the following for making (arguably) derogatory and false statements:<\/p>\n