Also known as:libelli famosi · libel · famosus libellus
Written by attorneys · grounded in primary & secondary sources — see below
A defamatory publication.
Sources & Authorities
How it applies
Common Examples
6
Written Letter Reaches Third Party
Levi Lowe drafts and mails a letter to a business associate claiming that Luke Latham falsified loan documents to obtain financing. The associate reads the letter and shares its contents with others in their industry. Luke Latham later learns of the statements and brings a claim alleging harm to his professional reputation.
Magazine Circulates in Forum State
Legacy Motors regularly mails its monthly newsletter containing an article accusing Lena Lawson of fraudulent investment practices to fifty subscribers in State B. Several subscribers cancel advisory agreements with Lena Lawson after reading the piece, causing her measurable revenue loss. Lena Lawson files suit against Legacy Motors in State B federal court.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Restatements
Dictionaries
Persistent Online Post Spreads Widely
Lucas Lee posts on a regional trade forum that Lotus Pharmaceuticals deliberately concealed safety test results for a new drug. The post remains visible for months and is reposted by multiple users across several states. Lotus Pharmaceuticals experiences canceled contracts and reputational damage traceable to the repeated circulation.
Television Broadcast Reaches Viewers
Linden Bank airs a live television segment in which its spokesperson states that Lucy Liu diverted client funds for personal use. The segment is not read from a script yet reaches thousands of viewers across multiple markets. Lucy Liu sues for harm to her banking reputation even though she proves no special economic loss.
Printed Newsletter Causes Liability
Lily Lopez authors and distributes a printed newsletter accusing Landmark Realty of systematically inflating appraisal values to mislead buyers. The newsletter reaches dozens of real-estate professionals who then avoid doing business with the firm. Landmark Realty sues Lily Lopez without needing to prove concrete financial loss from the statements.
Libel Supports Nominal Recovery
Luke Latham publishes a written report falsely stating that Levi Lowe was convicted of embezzlement. The report circulates among their shared professional network. Levi Lowe prevails on a libel claim and recovers nominal damages even though he presents no evidence of actual economic harm.
Common questions
Frequently Asked
5
What distinguishes libel from slander under the Restatement framework?+
Libel consists of defamatory matter published by written or printed words or any communication possessing the harmful qualities of written words. Slander consists of defamatory matter published by spoken words or transitory gestures. Courts also consider the area of dissemination, the deliberate character of the publication, and the persistence of the defamation when deciding which category applies.
Does a publisher need special harm to be liable for libel?+
No. One who falsely publishes defamatory matter in a manner that constitutes libel is subject to liability even though no special harm results from the publication.
When may a publisher be sued for libel in a particular state?+
A publisher that regularly circulates its publication in a state and thereby causes potential injury there may be sued for libel in that state consistent with due process because it can reasonably anticipate being haled into court where its publication is sold and causes harm.
Is a broadcast on radio or television treated as libel or slander?+
Broadcasting of defamatory matter by means of radio or television is libel whether or not it is read from a manuscript.
What damages follow a finding of liability for libel?+
One who is liable for libel is liable for at least nominal damages and is also liable for any special harm legally caused by the defamatory 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…