Minneapolis Defamation Attorney

Basics of Defamation

Broadly speaking, defamation is the communication of a statement that makes a false claim, explicitly stated or implied to be factual, that causes harm to the reputation of a person, business, or group. Under the general heading of defamation, slander is the making of such statements through a non-fixed medium, usually oral. Libel involves the delivery of a defamatory comment in a fixed medium, such as print or media.

The two basic defenses of defamation of all kinds are truth and privilege. If an offensive statement is proven to be true, no matter what harmful consequence occurred as a result of the comment in question, litigation against defamation will fail as no defamation actually occurred. Privilege is also a form of protection against accusations of defamation. Certain situations such as witness testimony, attorneys' arguments, and judges' decisions and rulings in court are not susceptible to defamation charges, no matter how outrageous they might be.

Defamation laws can create tension with freedom of speech laws. Speech or conduct is limited by fear of punishment, especially in the publishing industry. In a medium such as newspaper or magazines, organizations fear the penalties of printing certain statements, leading to the censorship of news in order to protect against potential litigation.

If you are currently having any issues with defamation, contact the lawyers at Skjold-Barthel today at 612.746.2560 for help with your situation.