What Is Defamation?

What Is Defamation?

Defamation is a tort that protects a person’s reputation from certain false statements of fact that are communicated to others and cause legally recognizable harm.

In ordinary language, defamation means wrongfully damaging someone’s reputation by communicating a false factual claim about that person to someone else. But the legal definition is more precise. Not every insult is defamation. Not every false statement is actionable. And not every statement that damages a person’s reputation creates civil liability.

Defamation sits at an important intersection of tort law, free speech, reputation, privacy, and constitutional law. The law attempts to protect individuals from unjustified reputational harm without turning courts into arbiters of every offensive statement or suppressing legitimate criticism and public debate.

The basic question is therefore not simply:

“Did someone say something bad about another person?”

The legal question is closer to:

“Did someone communicate a legally actionable false statement of fact about another person, without sufficient legal protection, in a way that caused the required harm?”

That distinction is the foundation of defamation law.

The Basic Definition of Defamation

Defamation generally involves a false statement of fact concerning another person that is communicated to a third party and causes legally sufficient harm to reputation, subject to applicable privileges and constitutional protections.

Although the precise elements vary among jurisdictions, a traditional defamation claim commonly requires proof of:

1. A statement concerning the plaintiff;
2. Publication of the statement to a third party;
3. Falsity;
4. The required level of fault;
5. Defamatory meaning; and
6. Legally recognizable damages, unless the statement falls within a category for which damages may be presumed.

The terminology and precise requirements differ among states. Some jurisdictions also distinguish between libel and slander, while others treat both as forms of defamation governed by substantially similar principles.

The important point is that defamation is not simply about whether a statement is unpleasant or embarrassing. It is about whether the legal system should impose civil liability for a particular kind of reputational injury.

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Reputation as a Legal Interest

Why does the law protect reputation?

Reputation affects how other people perceive and treat us. It can influence employment, business relationships, professional opportunities, social relationships, credit, and participation in community life.

A false accusation that someone committed a serious crime, for example, can have consequences far beyond hurt feelings.

The law therefore recognizes reputation as a legally significant interest.

At the same time, reputation cannot be protected absolutely.

People must be able to:

• criticize politicians;
• review businesses;
• report misconduct;
• expose wrongdoing;
• express opinions;
• participate in public debate;
• discuss matters of public concern; and
• communicate truthful information.

A legal system that imposed liability whenever someone’s reputation suffered would seriously interfere with freedom of expression.

Defamation law therefore represents a balance between competing values.

On one side is the individual’s interest in reputation.

On the other are:

• freedom of speech;
• freedom of the press;
• public debate;
• criticism;
• political expression;
• investigative journalism; and
• the free exchange of information.

This tension becomes particularly important under the First Amendment to the U.S. Constitution.

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What Makes a Statement Defamatory?

A statement is generally defamatory when its meaning would tend to harm the reputation of another person in the eyes of others.

For example:

“John stole money from his employer.”

If John did not steal money, the statement may be defamatory because it falsely attributes serious criminal conduct to him.

By contrast:

“I don’t like John.”

is ordinarily not defamation.

The second statement expresses a personal reaction rather than asserting a factual proposition capable of being proven true or false.

The distinction between fact and opinion is therefore fundamental.

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Fact Versus Opinion

One of the most important questions in defamation law is whether the challenged statement is reasonably understood as an assertion of fact.

Consider:

“Sarah is a terrible lawyer.”

This may be interpreted as an opinion, particularly when the surrounding context makes clear that the speaker is expressing a personal judgment.

Now consider:

“Sarah stole $50,000 from her clients.”

That statement communicates a specific factual allegation that can potentially be proven true or false.

The second statement presents a much stronger basis for a defamation claim if it is false and the other requirements are satisfied.

The law does not simply ask whether the speaker used words such as “I think” or “in my opinion.”

A speaker generally cannot avoid liability merely by placing “in my opinion” before an otherwise factual accusation.

For example:

“In my opinion, John committed fraud by falsifying the company’s financial records.”

may still be understood as asserting factual allegations rather than merely expressing subjective opinion.

The context and overall meaning of the communication matter.

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Falsity Is Central

Defamation generally requires falsity.

A truthful statement may damage someone’s reputation, but truth ordinarily provides a complete defense to a defamation claim.

Suppose a newspaper accurately reports:

“The defendant was convicted of fraud.”

If the statement is true, the person ordinarily cannot establish defamation merely because publication of the truth damaged his reputation.

This reflects an important principle:

Defamation law generally protects people from false reputational harm, not from the consequences of truthful information.

The burden of establishing falsity can vary depending on the circumstances and the constitutional status of the parties involved.

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Publication to a Third Party

In defamation law, publication does not necessarily mean publication in a newspaper, magazine, or book.

Publication generally means that the defamatory communication was conveyed to at least one person other than the plaintiff.

For example, suppose A tells B:

“C is a thief.”

If C hears about the statement later, the communication to B may constitute publication for purposes of defamation.

The statement does not need to reach thousands of people.

One third party can be sufficient, although the extent of dissemination can be highly relevant to damages.

Modern technology has made publication particularly significant.

A defamatory statement can be communicated through:

• newspapers;
• television;
• radio;
• websites;
• social media;
• emails;
• text messages;
• online reviews;
• podcasts;
• videos;
• comments;
• forums; and
• messaging platforms.

A statement posted publicly online may reach millions of people within minutes.

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The Statement Must Concern the Plaintiff

The plaintiff must generally show that the defamatory statement was about them.

The defendant does not necessarily need to use the plaintiff’s full legal name.

Identification may occur through:

• a name;
• a photograph;
• a description;
• a job title;
• a nickname;
• contextual information; or
• other circumstances that allow people to reasonably understand who is being discussed.

For example:

“The owner of the only pharmacy on Main Street is stealing prescription drugs.”

Even without naming the person, readers might understand the statement as referring to a particular individual.

Defamation law therefore focuses on identification, not merely formal naming.

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Libel and Slander

Traditional common-law terminology divides defamation into two categories:

Libel generally refers to defamatory statements in written, recorded, or otherwise fixed form.

Slander traditionally refers to defamatory statements that are spoken or transitory.

Historically, the distinction mattered because different rules developed for libel and slander, particularly regarding proof of damages.

Modern communication has complicated the distinction.

A defamatory social-media post, online article, video, podcast, or digital recording does not fit neatly into the historical world of print versus speech.

For that reason, the practical importance of the traditional distinction varies by jurisdiction.

Nevertheless, the terms remain important because they appear frequently in legal cases and legal literature.

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Defamation Per Se

Some statements are considered so inherently harmful that the law traditionally recognizes them as defamation per se.

The exact categories vary by jurisdiction, but traditionally they have included statements falsely accusing someone of:

• committing a serious crime;
• having certain serious contagious diseases;
• professional incompetence or serious professional misconduct;
• serious sexual misconduct; or
• other conduct traditionally regarded as especially damaging to reputation.

In these situations, the law may allow recovery without the plaintiff having to prove the same kind of specific economic loss required in an ordinary defamation claim.

This does not mean that every insulting statement is automatically defamation per se.

The jurisdiction’s rules and the precise content of the statement matter.

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Defamation Per Quod

Defamation per quod generally involves a statement whose defamatory meaning depends on additional facts or circumstances.

For example, a statement might appear harmless to an ordinary reader but become defamatory when understood in light of facts known to the audience.

The plaintiff may therefore need to explain the context that gives the statement its defamatory meaning.

The distinction between per se and per quod defamation can affect the requirements for pleading and damages.

Because these rules vary significantly among jurisdictions, they should be treated as doctrinal categories rather than universal formulas.

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Fault: How Careless or Intentional Must the Speaker Be?

Defamation law does not impose identical liability in every situation.

The required level of fault depends partly on who the plaintiff is and what kind of speech is involved.

For private individuals, state law may permit liability based on negligence in appropriate circumstances.

But constitutional protections become particularly important when the plaintiff is a public official or public figure.

The Supreme Court’s decision in New York Times Co. v. Sullivan fundamentally changed American defamation law by requiring public officials suing over statements concerning their official conduct to prove actual malice.

Actual malice has a specialized constitutional meaning.

It does not mean hatred, spite, or ill will.

It means that the defendant published the statement with knowledge that it was false or with reckless disregard for whether it was false or not.

This constitutional doctrine reflects the importance of protecting robust criticism of government officials.

Later cases extended related protections to public figures.

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Actual Malice Versus Ordinary Malice

The phrase “actual malice” can be confusing.

In ordinary language, malice may mean hostility or bad intentions.

In constitutional defamation law, however, actual malice is a technical legal standard.

A journalist who strongly dislikes a politician has not necessarily acted with actual malice.

Conversely, a journalist who personally likes the politician could potentially act with actual malice if the journalist knowingly publishes a false factual statement or acts with reckless disregard for its truth.

The focus is therefore on the defendant’s knowledge and state of mind regarding falsity, not simply on personal hostility.

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Public Figures and Public Officials

Defamation law becomes more constitutionally demanding when the plaintiff is a public official or public figure.

The reason is largely democratic.

Government officials must be subject to criticism. Public debate frequently involves strong accusations, controversy, and investigation.

If public officials could recover damages whenever criticism harmed their reputations, powerful individuals could potentially use defamation lawsuits to suppress legitimate political criticism.

The constitutional framework therefore gives breathing room to protected speech.

This does not mean that public figures have no protection against defamation.

They may still recover when the constitutional requirements and applicable state-law requirements are satisfied.

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Private Figures and Public Concern

Private individuals generally receive greater protection than public officials and public figures, but the First Amendment can still affect claims involving matters of public concern.

This creates a more complicated structure:

Private person + private matter

may involve relatively traditional state-law defamation principles.

Private person + matter of public concern

may involve significant constitutional limitations.

Public official or public figure + matter related to public conduct or public controversy

may trigger particularly demanding constitutional standards.

The exact rules depend on the jurisdiction and circumstances.

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Privileges in Defamation Law

Even a statement that appears defamatory may be protected by a legal privilege.

Privileges recognize that certain communications are socially valuable and should receive protection from defamation liability.

Two broad categories are particularly important:

• absolute privilege; and
• qualified privilege.

Absolute Privilege

An absolute privilege can provide complete protection against defamation liability even when the statement is false or made with improper motives, depending on the applicable legal doctrine.

Examples may include certain statements made in:

• judicial proceedings;
• legislative proceedings; or
• other specially protected governmental contexts.

The underlying principle is that participants must be able to communicate freely in certain institutional settings.

Qualified Privilege

A qualified privilege protects certain communications when made under appropriate circumstances.

The privilege may apply where the speaker has a legitimate interest or duty to communicate information and the recipient has a corresponding interest in receiving it.

However, qualified privilege can potentially be defeated by abuse of the privilege, including the required showing of improper conduct or actual malice under applicable law.

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Truth as a Defense

The most fundamental defense to defamation is truth.

If the challenged statement is substantially true, the plaintiff generally cannot recover merely because the statement is unpleasant or damaging.

This reflects a deeper principle of free expression:

The law ordinarily cannot require people to compensate others merely for communicating truthful information.

There can be difficult questions concerning substantial truth.

A statement does not necessarily become defamatory simply because it contains minor inaccuracies.

Courts may examine whether the alleged inaccuracies materially change the overall defamatory meaning.

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Opinion and Rhetorical Hyperbole

Defamation law also protects many forms of opinion, exaggeration, and rhetorical expression.

Political speech frequently contains statements such as:

“That senator is a disaster.”

“This company is a complete joke.”

“The policy is insane.”

Such statements may be insulting, but their meaning may be rhetorical rather than factual.

Context matters.

A statement becomes more legally problematic when it communicates a specific factual allegation that can reasonably be understood as true or false.

The central question is often:

Would a reasonable listener or reader understand the statement as asserting an objectively verifiable fact?

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Rhetorical Hyperbole

The law also recognizes rhetorical hyperbole.

People routinely exaggerate in ordinary conversation and public debate.

Calling someone “the worst boss in America” does not necessarily communicate a literal factual proposition.

Calling someone “a thief who stole $100,000 from the company” is much more likely to be understood as a factual allegation.

Courts therefore examine the words in context rather than treating every statement literally.

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Online Defamation

The internet has dramatically expanded the practical importance of defamation law.

A defamatory statement can now spread rapidly through:

• social-media posts;
• comments;
• reviews;
• blogs;
• videos;
• podcasts;
• forums;
• screenshots;
• reposts; and
• artificial-intelligence-generated content.

The basic legal principles of defamation still apply, but digital communication creates additional questions.

For example:

• Who made the statement?
• Who actually published it?
• Was it presented as fact or opinion?
• Who saw it?
• How widely was it distributed?
• Was it altered or reposted?
• Can the speaker be identified?
• Was the content generated or manipulated?
• Does a statutory immunity apply?
• What jurisdiction’s law governs?

These questions can become especially complicated when content crosses state or national borders.

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Section 230 and Online Platforms

One particularly important issue in American internet law concerns Section 230 of the Communications Decency Act.

Section 230 generally provides certain protections to providers and users of interactive computer services for content created by another information-content provider.

This means that the person who creates a defamatory statement and the platform through which it is distributed may not necessarily face identical legal exposure.

The application of Section 230 is highly fact-specific and has generated extensive litigation and debate.

It is therefore important to distinguish between:

the person who creates defamatory content

and

a platform or intermediary that hosts or distributes content created by someone else.

This distinction is especially important in modern defamation disputes.

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Defamation and Artificial Intelligence

Artificial intelligence creates new defamation questions.

An AI system may generate a statement that falsely attributes conduct, qualifications, criminal activity, or other facts to a real person.

For example, an AI-generated response might falsely state that a particular person was convicted of a crime.

The legal analysis cannot simply assume that “the computer said it” resolves the issue.

Potential questions include:

• Who supplied the relevant information?
• Who operated the system?
• Who published the output?
• Was the statement presented as fact?
• Was it false?
• Was a human involved in generating or distributing it?
• What fault standard applies?
• Did a platform or statutory immunity apply?
• What damages resulted?

As generative AI becomes more integrated into communication, these questions are likely to become increasingly significant.

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Defamation Versus Insult

Not every insult is defamation.

Suppose someone says:

“You’re an idiot.”

This may be offensive, but it generally does not communicate a specific factual proposition capable of being proven true or false.

Now suppose someone says:

“You’re an incompetent surgeon who operated on five patients while intoxicated.”

That statement contains specific factual allegations.

If false, published to a third party, and otherwise actionable, it could potentially constitute defamation.

The distinction is therefore not simply between nice speech and mean speech.

It is between different kinds of communication.

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Defamation Versus Privacy Torts

Defamation is also different from privacy torts.

Defamation generally concerns false statements that damage reputation.

Privacy torts may concern conduct such as:

• intrusion upon seclusion;
• public disclosure of private facts;
• false light; or
• appropriation of another’s identity or likeness.

A statement can therefore create a privacy issue without being defamatory.

For example, publishing a truthful but highly private fact might potentially implicate privacy law even though truth generally defeats a traditional defamation claim.

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Defamation Versus Emotional Distress

Defamation can also overlap with intentional infliction of emotional distress (IIED).

A false defamatory accusation may cause severe emotional distress.

But the two torts focus on different legal interests.

Defamation protects reputation.

IIED focuses on extreme and outrageous conduct causing severe emotional distress.

A plaintiff may sometimes pursue multiple theories based on the same underlying conduct, although constitutional protections can limit attempts to transform protected speech into an emotional-distress claim.

The Supreme Court’s decision in Hustler Magazine, Inc. v. Falwell illustrates the constitutional importance of this distinction.

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Damages in Defamation Cases

Damages in defamation cases can take several forms.

Actual or Compensatory Damages

These may compensate for losses caused by the defamatory publication.

Depending on the jurisdiction and circumstances, damages can include:

• lost income;
• lost business opportunities;
• professional harm;
• reputational injury;
• emotional distress; and
• other legally recognized losses.

Presumed Damages

In certain categories of defamation, damages may sometimes be presumed rather than requiring proof of specific economic loss.

Constitutional limitations may restrict the availability of presumed or punitive damages in some circumstances.

Punitive Damages

Punitive damages may be available where the defendant’s conduct satisfies the applicable standard for punishment.

Again, constitutional limitations are particularly important when the defendant’s conduct involves protected speech.

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Why Defamation Law Is Difficult

Defamation cases often appear straightforward.

Someone said something false.

Someone else was harmed.

Why not simply impose liability?

Because every element raises difficult questions.

Was it a fact?

Or was it an opinion?

Was it false?

Or substantially true?

Was it actually about the plaintiff?

Or was the reference too ambiguous?

Was it published?

Was anyone other than the plaintiff exposed to it?

What was the defendant’s state of mind?

Was the statement negligently made, knowingly false, or something else?

Was the plaintiff a public figure?

If so, constitutional protections may impose a higher burden.

Was the communication privileged?

If so, liability may be barred or limited.

What harm occurred?

Was there actual economic loss, reputational injury, emotional distress, or another legally recognized injury?

These questions make defamation one of the most intellectually demanding areas of tort law.

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A Practical Defamation Analysis

When analyzing a potential defamation claim, work through the problem systematically.

Step 1: Identify the statement

What exactly was said or communicated?

Do not analyze the dispute using vague descriptions such as “they insulted me.”

Identify the actual statement.

Step 2: Ask whether it is factual

Would a reasonable person understand it as an assertion of fact?

Or is it opinion, rhetorical hyperbole, satire, or another protected form of expression?

Step 3: Determine whether it is false

What part of the statement is allegedly false?

Could the statement be substantially true?

Step 4: Identify the plaintiff

Who is the statement about?

Can reasonable recipients identify that person?

Step 5: Establish publication

Was the statement communicated to someone other than the plaintiff?

Step 6: Determine the fault standard

Was the plaintiff a private person, public official, or public figure?

What level of fault does the applicable law require?

Step 7: Check for privileges

Was the statement made in a judicial, legislative, governmental, employment, or other privileged context?

Step 8: Analyze damages

What reputational, economic, emotional, or other legally recognized harm resulted?

Are damages presumed under the applicable law?

Step 9: Consider constitutional protections

Does the First Amendment limit the claim?

Step 10: Consider statutory protections

Could a statute such as Section 230 affect liability?

This sequence provides a useful framework for law-school examinations and practical legal analysis.

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A Simple Example

Suppose Alice tells Bob:

“Carol stole $20,000 from her employer.”

Assume Carol never stole the money.

A basic analysis would ask:

Statement: Yes. There is a specific factual allegation.

About Carol: Yes.

Falsity: The allegation is false.

Publication: Alice communicated it to Bob, a third party.

Defamatory meaning: Accusing someone of theft would ordinarily tend to harm reputation.

Fault: The required standard must be determined under the applicable jurisdiction and circumstances.

Privilege: Was Alice making the statement in a protected setting? If not, no obvious privilege may apply.

Damages: What harm resulted, and what rules govern presumed damages?

If the elements are satisfied, Carol may have a defamation claim.

Now change the statement:

“I think Carol is an awful person.”

The analysis changes substantially.

This is much more likely to be understood as an opinion rather than a factual allegation.

The difference between the two statements illustrates the central role of meaning and context in defamation law.

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Defamation and the First Amendment

American defamation law cannot be understood without constitutional law.

The First Amendment protects freedom of speech and freedom of the press.

But those freedoms do not create an unlimited right to make every false statement without consequence.

Instead, constitutional doctrine establishes important boundaries around civil liability for speech.

New York Times Co. v. Sullivan is one of the most important cases in this field.

The case arose from criticism of public officials during the civil-rights era and established the constitutional actual-malice requirement for public officials suing over statements concerning their official conduct.

The principle reflects a profound democratic concern:

A government official should not be able to use defamation law as a weapon against criticism merely because the criticism is damaging or mistaken.

The constitutional law of defamation therefore protects not only speakers and publishers, but also the broader public interest in open debate.

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The Deeper Principle Behind Defamation Law

Defamation law is ultimately about more than words.

It concerns the relationship between reputation and social identity.

Human beings depend upon communities. Our opportunities and relationships are partly shaped by how others perceive us.

A false accusation can therefore interfere with a person’s ability to participate in social, professional, and economic life.

From the perspective of corrective justice, defamation law can be understood as a mechanism for requiring a person who wrongfully causes reputational harm to bear responsibility for that wrong.

From the perspective of deterrence, defamation law discourages people from spreading seriously harmful falsehoods.

From the perspective of free expression, however, excessive liability can discourage truthful reporting, criticism, investigation, and political debate.

The law therefore operates between two competing dangers:

too little protection, which permits reputational destruction through falsehood;

and

too much protection, which permits reputation to become a legal shield against criticism.

Defamation law attempts to occupy the difficult space between them.

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Common Mistakes in Defamation Analysis

Several mistakes repeatedly appear in legal analysis.

Mistake 1: Assuming every false statement is defamation

Falsehood alone is insufficient.

Other elements must also be established.

Mistake 2: Assuming every offensive statement is defamatory

An insult may be offensive without being a factual assertion.

Mistake 3: Forgetting publication

A statement generally must reach a third party.

Mistake 4: Confusing opinion with fact

The critical question is whether the communication reasonably conveys an assertion of fact.

Mistake 5: Treating “actual malice” as ordinary bad faith

Actual malice is a constitutional term of art involving knowledge of falsity or reckless disregard for truth.

Mistake 6: Ignoring constitutional protections

Defamation is a tort deeply affected by the First Amendment.

Mistake 7: Assuming truth is irrelevant because the statement was harmful

Truth is generally a powerful—and often complete—defense.

Mistake 8: Treating libel and slander as identical in every respect

The historical distinction can still matter under state law, particularly concerning damages.

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Key Takeaways

Defamation is a tort involving legally actionable false statements that harm another person’s reputation.

The central concepts are:

• False statement: The communication must generally be false.
• Fact: Actionable defamation ordinarily concerns factual assertions rather than protected opinion.
• Publication: The statement must generally be communicated to a third party.
• Identification: The statement must reasonably concern the plaintiff.
• Defamatory meaning: The statement must be capable of harming reputation in the legally relevant sense.
• Fault: The required level varies according to the circumstances and status of the plaintiff.
• Damages: The plaintiff must satisfy the applicable rules concerning reputational or other legally recognized harm.
• Privileges: Certain communications receive legal protection.
• Truth: Truth generally defeats a defamation claim.
• Constitution: The First Amendment places important limits on defamation liability.
• Libel and slander: These are traditional categories of defamation based on the form of communication.

The most important conceptual distinction is this:

Defamation law does not punish speech merely because it is offensive or harmful. It regulates certain false factual communications that wrongfully damage reputation, subject to substantial constitutional and common-law protections.

Frequently Asked Questions

What is defamation in simple terms?

Defamation is generally the wrongful communication of a false factual statement about another person that harms that person’s reputation.

Is defamation always a crime?

No. Defamation is generally a civil tort, not a criminal offense. Some jurisdictions may have unusual criminal-defamation statutes, but modern American defamation law is predominantly civil.

Can you sue someone for an opinion?

Usually not merely because it is an opinion. The key question is whether the statement is reasonably understood as an assertion of fact rather than protected opinion or rhetorical expression.

Is a true statement defamation?

Generally no. Truth is ordinarily a complete defense to a defamation claim.

Does defamation require physical injury?

No. Defamation primarily concerns reputational harm rather than physical injury.

Does someone have to lose money to sue for defamation?

Not necessarily. The applicable rules depend on the jurisdiction, the type of defamation, and constitutional requirements. Some categories may permit presumed damages.

What is the difference between libel and slander?

Traditionally, libel involves written or fixed defamatory communications, while slander involves spoken or transitory communications. The practical significance of the distinction varies by jurisdiction.

What is actual malice?

In constitutional defamation law, actual malice means that the defendant published a statement knowing it was false or with reckless disregard for whether it was false.

Can a social-media post be defamation?

Yes. Online communications can potentially constitute defamation if the applicable elements are satisfied.

Can an anonymous person be sued for defamation?

Potentially. Anonymous publication does not automatically eliminate liability, although identifying an anonymous speaker can create separate procedural and constitutional issues.

Can a business be defamed?

Potentially. Businesses and other legal entities may have claims concerning defamatory statements that harm their reputation, although the precise rules differ depending on the type of plaintiff and the nature of the alleged harm.

What is defamation per se?

Defamation per se traditionally refers to certain categories of statements considered inherently damaging, potentially allowing recovery without the same proof of specific damages required in other cases.

Further Reading

For an accessible overview of the subject, see the Cornell Legal Information Institute’s Wex entry on Tort and its Tort Law materials.

Conclusion

Defamation law protects an individual’s reputation while recognizing that freedom of expression requires substantial protection for criticism, opinion, journalism, political debate, and the communication of information.

The essential problem is one of balance.

A society that allows false accusations to destroy reputations without consequence fails to protect an important aspect of individual dignity and social participation. But a society that treats every damaging statement as actionable risks suppressing the very speech that makes democratic life possible.

For that reason, defamation law asks a series of carefully structured questions: Was there a factual statement? Was it false? Was it about the plaintiff? Was it communicated to someone else? Was the defendant sufficiently at fault? Was the communication privileged? Did the statement cause legally recognizable harm? And does the Constitution protect the speech?

Understanding those questions provides the foundation for studying the more specialized doctrines of libel, slander, defamation per se, public-figure defamation, actual malice, privileges, opinion, and modern online defamation.