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Employment Law
Section 7
half an hour

Defamation

Mary R Ziegler

A cause of action for defamation can involve a written (libel) or oral statement (slander) that “harm[s] the reputation of another so as to lower him in the estimation of the community or to deter third persons from association or dealing with him.” RESTATEMENT (SECOND) OF TORTS §558 (ALI 1977). Defamation generally involves a false assertion of fact that damages the plaintiff's reputation, is published, and is of or concerning plaintiff.

Defamation cases touch on public values beyond the damage to a specific employee's reputation. These suits can chill protected speech. When public officials or public figures sue the media for defamation, for example, courts have created robust defenses.  New York Times v. Sullivan, 376 U.S. 254 (1964). Employment defamation instead comes up when one private party sues another--often for performance reviews or references. What public values are implicated in this context?

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