Also known as: calumnies · calumniate · calumniates · calumniated · calumniating · calumnia · slander · defamation · false accusation
Written by attorneys · grounded in primary & secondary sources — see below
Malicious misrepresentation of another's words or conduct calculated to damage reputation. The term denotes a false charge or imputation made with intent to injure the target's standing.
Cynthia Cortez told a mutual acquaintance that Caleb Chang had embezzled client funds. The statement was false and reached Chang's business partners, who then withdrew their accounts. Chang sued for the resulting loss of clients.
Continental Bank published a brochure falsely stating that Charlotte Chung endorsed its services and had used them successfully. Chung had never made the statements. The falsehood reached her clients and caused her to lose accounts.
Christian Coleman broadcast on local radio that Carmen Choi had committed arson. The statement was false and reached Choi's neighbors, who shunned her. Choi sued even though she proved no special economic loss.
Select any source to read its text and confirm it supports the definition.
A local newspaper printed a false story that Cecilia Cabrera had committed fraud in her private business dealings. Cabrera, a private citizen, sued the paper and recovered actual damages after proving negligence in the reporting.
Central Dynamics circulated a false claim that Coastal Shipping's owner had engaged in dishonest billing practices. The statement reached potential clients and caused the owner to lose professional engagements without proof of special harm.
A television station broadcast that Caleb Chang had defrauded investors by airing knowingly false footage. Chang proved reckless disregard for truth, the statements reached his clients, and he recovered damages for reputational harm.
The plaintiff must show a false and defamatory statement concerning another and an unprivileged publication to a third party. These elements create the basis for liability.
Calumny is actionable without special harm when the publication imputes a criminal offense, a loathsome disease, or conduct adversely affecting fitness for business or profession.
A private figure need not prove actual malice to recover actual damages. States may set a fault standard short of actual malice, but presumed or punitive damages require actual malice.
False light claims are subject to the same First Amendment limits as calumny claims. The plaintiff must prove publication placing the plaintiff in a highly offensive false light with knowledge of falsity or reckless disregard.
…conduct of public officials. The dictum in Pennekamp v. Florida, 328 U. S. 331, 348-349, that "when the statements amount to defamation, a judge has such remedy in damages for libel as do other public servants," implied no view as to what remedy might constitutionally be afforded to public officials. In Beauharnais v.…