Also known as:famosi libelli · libellus famosus · libel · defamatory pamphlet
Written by attorneys · grounded in primary & secondary sources — see below
A publication of defamatory matter by written or printed words or by any other form of communication possessing the potentially harmful qualities of written words.
Sources & Authorities
How it applies
Common Examples
6
Written Accusation in Company Memo
Frank Fisher, an engineer at Fusion Power, discovered a memo from his supervisor that accused him of falsifying test data. The memo was printed and distributed to three department heads. Fisher sued for defamation arising from the written statement.
Magazine Circulation Across States
Flagship Logistics, headquartered in State A, mailed its monthly newsletter containing false statements about Fernando Farrell to fifty subscribers in State B each month for three years. Farrell sued Flagship Logistics for libel in State B after losing business there.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Restatements
Dictionaries
Fabian Flynn posted repeated accusations on a regional trade forum that Foster Forge had falsified safety certifications. The posts remained visible for months and reached dozens of subscribers in the industry. Forge sued Flynn for defamation.
Television Broadcast of Accusations
Frederick Ferguson appeared on a live television segment and stated that Fairview Manufacturing knowingly sold defective parts. The broadcast reached thousands of viewers regardless of whether Ferguson read from notes. Manufacturing sued Ferguson for defamation.
Printed Newsletter Without Proof of Loss
Francois Fortier published a printed newsletter falsely stating that Felicity French had embezzled client funds. French sued Fortier even though she could not prove any specific financial loss from the publication.
Libel Action Seeking Nominal Damages
A local newspaper published a false article accusing a business owner of criminal conduct. The owner sued for libel and sought recovery even without proving actual reputational harm beyond the publication itself.
Common questions
Frequently Asked
4
What distinguishes libel from slander under the Restatement approach?+
Libel requires publication by written or printed words or any communication with the harmful qualities of written words. Slander covers spoken words or other transitory forms. Factors such as area of dissemination and premeditation help determine the classification when the form is ambiguous.
Does a publisher need extensive circulation in a state to face libel suit there?+
Regular circulation of a publication into a state, even if modest in percentage of total distribution, supports personal jurisdiction when the publication causes injury there. The publisher can reasonably anticipate suit in the forum where the material is sold and harm occurs.
Is a defamatory broadcast treated as libel or slander?+
Broadcasting defamatory matter by radio or television constitutes libel whether or not read from a manuscript. The permanence and wide reach of the medium support this classification.
Must a libel plaintiff prove special harm to recover?+
A plaintiff who establishes a libel may recover at least nominal damages without proof of special harm. Liability also extends to any special harm legally caused by the publication.
376 U.S. 254 (1964)Remedies
…first time the extent to which the constitutional protections for speech and press limit a State's power to award damages in a libel action brought by a public official against critics of his official conduct. Respondent L. B. Sullivan is one of the three elected Commissioners of the City of Montgomery, Alabama. He…