Defamation Laws by State: Libel and Slander (2026)
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Frequently Asked Questions
What are the elements of defamation?
Most states require five elements: a false statement of fact (not opinion), publication to at least one third party, that the statement is of and concerning the plaintiff, fault by the defendant (negligence or actual malice), and damages. Certain per se statements presume damages. Truth is a complete defense.
What is the difference between libel and slander?
Libel is defamation in a fixed form such as writing, print, broadcast, or an online post, while slander is spoken defamation. Libel is often actionable without proof of special damages; slander usually requires proof of economic loss unless it falls into a slander per se category. Almost all online and media defamation is libel.
What is the statute of limitations for defamation?
It varies by state. A majority use 1 year, some use 2 years, and the longest is 3 years (Massachusetts, New Hampshire, Vermont, Wisconsin). The shortest is Tennessee at 6 months for slander. Arkansas, Rhode Island, and Tennessee set different deadlines for libel and slander.
Which states have the shortest defamation deadline?
Tennessee has the shortest, at 6 months for slander (1 year for libel). After that, the large group of 1-year states, including California, New York, Texas, and Illinois, has the next-shortest deadlines, so prompt action is critical in those jurisdictions.
What is an anti-SLAPP law?
An anti-SLAPP law lets a defendant sued over protected speech file an early special motion to dismiss. These statutes typically stay discovery while the motion is pending and shift attorney fees to a prevailing defendant, discouraging lawsuits filed to silence critics rather than to win.
Which states have no anti-SLAPP law?
Ten jurisdictions have no anti-SLAPP statute: Alabama, Alaska, Mississippi, North Carolina, North Dakota, New Hampshire, South Carolina, West Virginia, Wisconsin, and Wyoming. In those states, a defendant must rely on ordinary motions to dismiss and constitutional defenses.
What is the actual malice standard?
Actual malice, from New York Times Co. v. Sullivan, means the speaker knew the statement was false or acted with reckless disregard for whether it was false. Public officials and public figures must prove actual malice by clear and convincing evidence. Private plaintiffs generally need only prove negligence.
What is defamation per se?
Defamation per se is a statement so harmful that damages are presumed, such as falsely accusing someone of a crime, imputing a loathsome disease, attacking their professional competence, or imputing serious sexual misconduct. Kansas, Missouri, New Mexico, and Tennessee have moved away from presumed damages and require proof of actual injury.
Is truth a defense to defamation?
Yes, in every state. Truth, or substantial truth, is a complete defense to a defamation claim. A statement that is substantially accurate cannot support liability no matter how damaging it is, because defamation requires a false statement of fact.
Can I sue over a bad online review?
Only if the review states a false fact rather than an opinion. Honest opinions and subjective complaints are protected speech. A review on a matter of public concern is also likely to trigger the state's anti-SLAPP law, which can shift attorney fees to the reviewer if the suit fails.
Sources and References
- New York Times Co. v. Sullivan, 376 U.S. 254 (1964)(law.cornell.edu)
- Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974)(law.cornell.edu)
- Uniform Public Expression Protection Act (UPEPA), Uniform Law Commission(uniformlaws.org)
- California Code of Civil Procedure 425.16, anti-SLAPP special motion to strike(leginfo.legislature.ca.gov).gov
- Tex. Civ. Prac. & Rem. Code 16.002, one-year limitation for libel and slander(statutes.capitol.texas.gov).gov
- N.Y. C.P.L.R. 215(3), one-year statute of limitations for libel and slander(nysenate.gov).gov
- Mass. Gen. Laws ch. 260, 4, three-year limitation for libel and slander(malegislature.gov).gov