Also known as: slanders · slandered · slandering · slanderous · oral defamation
Written by attorneys · grounded in primary & secondary sources — see below
A form of defamation consisting of the publication of defamatory matter by spoken words or other transitory means. The statement is actionable without proof of special harm when it imputes a serious crime, a loathsome disease, unfitness for a business or profession, or serious sexual misconduct. Liability extends to nominal damages in such cases and to special harm caused by foreseeable repetition by third parties.
Samuel Soto told six colleagues at a closed sales meeting that Sophia Singh had falsified clinical trial data submitted to regulators. The statement reached only those present and was never recorded or written down. Singh later sued Soto for defamation. Because the accusation imputed a criminal offense, Soto is subject to liability even without proof that Singh suffered any special harm.
Spencer Silver announced at a neighborhood gathering that Selena Singh was suffering from a highly contagious venereal disease. The remark was heard by several attendees but never reduced to writing. Singh sued for slander. The imputation of a loathsome and communicable disease renders the statement actionable without any showing of special harm.
Select any source to read its text and confirm it supports the definition.
Sarah Sullivan told other contractors at a trade association dinner that Sterling Manufacturing routinely used substandard materials in its projects. The comment was spoken only and reached a small group of industry peers. Sterling sued for defamation. The statement ascribing conduct that would harm the company's fitness for its lawful business is actionable without proof of special harm.
Sasha Stone stated during a live podcast interview that Skyline Construction's project manager had engaged in serious sexual misconduct with subordinates. The accusation was broadcast orally and never embodied in any fixed medium. The project manager sued for slander. Because the statement imputed serious sexual misconduct, it is actionable without proof of special harm.
During a staff meeting, a supervisor orally accused Synergy Systems' lead engineer of stealing proprietary code. The statement was never written down. The engineer sued for slander. Because the publication was slander actionable per se, the supervisor is liable for at least nominal damages even if the engineer proves no actual loss.
At a public forum, Silverline Industries' CEO orally accused a rival firm's executive of bribery. A journalist who heard the statement repeated the accusation in a widely read article. The executive sued the CEO for slander. The original publication is a legal cause of the special harm resulting from the repetition because the third party was privileged to repeat the statement.
Spoken defamation is actionable without proof of special harm when it imputes a serious crime, a loathsome communicable disease, unfitness for business or profession, or serious sexual misconduct. These categories render the statement slander per se under the Restatement rules.
Slander consists of defamatory matter published by spoken words or other transitory means. Libel consists of defamatory matter published by written or printed words or any other form that possesses the potentially harmful qualities of writing, such as permanence and wide dissemination.
A defendant liable for slander actionable per se is subject to at least nominal damages. The plaintiff may also recover for any special harm legally caused by the publication or by its repetition under specified conditions.
The original publication is a legal cause of special harm resulting from repetition by a third person only if the third person was privileged to repeat it or the repetition was authorized or intended by the original defamer.
…Texas law confirms that the sodomy statute is directed toward homosexuals as a class. In Texas, calling a person a homosexual is slander per se because the word "homosexual" "impute[s] the commission of a crime." Plumley v. Landmark Chevrolet, Inc. , 122 F. 3d 308, 310 (CA5 1997) (applying Texas law); see also Head v.…