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Defamation Laws by State: Libel and Slander (2026)

By Recording Law Editorial TeamReviewed August 21, 202617 min read
Defamation Laws by State: Libel and Slander (2026)

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.

Updates

Added the First Circuit's ruling in Rodriguez-Cotto v. Gonzalez-Colon (Aug. 4, 2026) striking Puerto Rico's emergency false-information crime, holding that, unlike defamation, false speech alone is not an unprotected category.

Governing law re-checked for recent changes

Governing law re-checked for recent changes

State-by-state comparison

Each state guide below is paired with the governing statute our editors adjudicated for it, held in our own legal record and verified against the official source.

StateStatute citedLawsuit deadlineCourt citations
Alabama2 years
Alaska
Arizona1 year
Arkansas
CaliforniaCalifornia Civil Code § 44
Colorado1 year
Connecticut2 years
Delaware2 years
District of Columbia1 year
Florida
GeorgiaOfficial Code of Georgia Annotated § 51-5-1Libel defined; publication prerequisite to recovery.1 year128 opinions · latest 2025
Hawaii2 years
Idaho
Illinois1 year
Indiana2 years
Iowa2 years
Kansas1 year
Kentucky
LouisianaLouisiana Civil Code § 2315Liability for acts causing damages2 years567 opinions · latest 2026
Maine2 years
Maryland1 year
Massachusetts
MichiganMichigan Compiled Laws § 600.2911Action for libel or slander1 year92 opinions · latest 2025
Minnesota2 years
MississippiMississippi Code of 1972 Annotated § 95-1-1Certain words actionable.1 year
Missouri2 years
MontanaMontana Code Annotated, Title 27 § 27-1-802Libel Defined2 years25 opinions · latest 2025
Nebraska1 year
Nevada
New Hampshire3 years
New Jersey1 year
New Mexico3 years
New York1 year
North Carolina
North DakotaNorth Dakota Century Code § 14-02-03Civil libel defined2 years
Ohio
OklahomaOklahoma Statutes, Title 12: CIVIL PROCEDURE § 1441Libel defined1 year
Oregon
PennsylvaniaPennsylvania Consolidated Statutes Title 42 (Judiciary and Judicial Procedure) § 8343Burden of proof1 year305 opinions · latest 2026
Rhode Island
South Carolina2 years
South DakotaSouth Dakota Codified Laws, Chapter 20-11: LIABILITY FOR DEFAMATION § 20-11-1Obligation to refrain from defamation.2 years
Tennessee
TexasTexas Civil Practice and Remedies Code § 73.001ELEMENTS OF LIBEL1 year
Utah
Vermont3 years
Virginia1 year
Washington2 years
West Virginia1 year
Wisconsin3 years
Wyoming1 year

Each statute shown is the same adjudicated anchor its state guide renders, independently verified against primary sources. A dash means not yet adjudicated in our record — never that no law exists.

Sources and References

  1. New York Times Co. v. Sullivan, 376 U.S. 254 (1964)(law.cornell.edu)
  2. Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974)(law.cornell.edu)
  3. Uniform Public Expression Protection Act (UPEPA), Uniform Law Commission(uniformlaws.org)
  4. California Code of Civil Procedure 425.16, anti-SLAPP special motion to strike(leginfo.legislature.ca.gov).gov
  5. Tex. Civ. Prac. & Rem. Code 16.002, one-year limitation for libel and slander(statutes.capitol.texas.gov).gov
  6. N.Y. C.P.L.R. 215(3), one-year statute of limitations for libel and slander(nysenate.gov).gov
  7. Mass. Gen. Laws ch. 260, 4, three-year limitation for libel and slander(malegislature.gov).gov
  8. Rodriguez-Cotto v. Gonzalez-Colon, No. 23-1626 (1st Cir. Aug. 4, 2026)(ca1.uscourts.gov).gov
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