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Slander per se is a critical concept in US defamation law. Learn what makes a spoken statement so inherently harmful that damages are presumed, the four core categories, and the essential difference between per se and per quod claims.
In the digital age, a person’s reputation can be built or destroyed with a single spoken word or viral post. When false statements are made that harm a reputation, the injured party may have a claim for defamation. Defamation is broadly categorized into two types: libel (written or recorded) and slander (spoken). But within slander, a vital distinction exists that can make or break a civil case: the difference between ordinary slander and Slander Per Se.
Slander Per Se—a Latin term meaning “slander in itself”—refers to a small, specific group of oral statements considered so inherently damaging to a person’s character or livelihood that the law presumes harm. This is a game-changer for a plaintiff, as it often removes the difficult burden of proving specific, quantifiable financial losses, known as “special damages.” This post delves into the core elements, categories, and procedural impact of Slander Per Se.
The essence of Slander Per Se is that the words themselves are actionable on their face. A court looks at the statement and automatically presumes it caused injury to the plaintiff’s reputation, embarrassment, and mental distress. This is a departure from “slander per quod” (slander by consequence), where a plaintiff must introduce extrinsic facts to show the statement was defamatory and must prove actual, special damages (e.g., loss of a job or contract) to win the case.
In a Slander Per Se case, a plaintiff is entitled to recover “general damages” (for reputational harm, humiliation, and emotional distress) without specific proof of financial loss. This is the primary procedural advantage over a traditional slander claim.
While the exact definitions can vary slightly between state jurisdictions across the United States, most states recognize four traditional categories of spoken statements that constitute Slander Per Se. These statements involve accusations that strike at the heart of a person’s moral character or professional standing.
This includes falsely accusing an individual of committing a serious crime—typically one involving “moral turpitude” or an indictable offense. A simple accusation of a minor civil infraction usually does not qualify. The crime imputed must be severe enough to expose the person to public hatred, contempt, or criminal punishment.
Case Example (Anonymized)
During a heated community meeting, Mr. A falsely shouts that Ms. B, a former treasurer, has “embezzled over ten thousand dollars from the association.” Because embezzlement is a crime of moral turpitude, this statement is highly likely to be considered Slander Per Se, allowing Ms. B to sue without having to prove she lost a specific job offer due to the accusation.
A false statement claiming that a person is suffering from a highly contagious, infectious, or “loathsome” disease that would tend to exclude them from society. Historically, this included diseases like leprosy or syphilis. Today, this category is often applied to accusations of having sexually transmitted infections (STIs) or other diseases that carry significant social stigma.
This is one of the most common categories in modern litigation. It involves false statements that injure a person in their trade, profession, business, or office by imputing a lack of fitness, integrity, or competence that is incompatible with the proper conduct of their profession. For instance, falsely stating that a Financial Expert is incompetent, or that a Trade Expert engages in fraudulent practices, would fall under this category.
| Profession | Slander Per Se Example |
|---|---|
| Medical Expert | Falsely stating the expert performs unnecessary surgeries for profit. |
| Registration Expert | Falsely stating the expert routinely forges client signatures. |
| Intellectual Property Expert | Falsely stating the expert sells client confidential designs. |
This category, often a reflection of older common law, generally covers false statements that impute a lack of chastity or serious sexual misconduct, particularly to a woman, though modern statutes often apply it more broadly to any gender. Accusations of adultery or sexual promiscuity typically fall under this head.
⚠️ Caution: The Public Figure Standard
For a public official or public figure (even a limited-purpose one) to win a defamation case, including Slander Per Se, they must prove the defendant acted with “actual malice“—meaning the defendant knew the statement was false or acted with reckless disregard for the truth. This is a much higher burden of proof than for a private individual.
Understanding the difference between per se and per quod is fundamental to defamation claims. If a statement is Slander Per Se, the defamatory meaning is evident simply from the words spoken. No external knowledge is needed to understand the harm.
Conversely, Slander Per Quod requires external facts or surrounding circumstances to make the statement defamatory. For example, stating, “Mr. Smith is meeting Ms. Jones at the hotel tonight,” is not defamatory on its face. However, if Mr. Smith is known to be married to a different woman, the statement becomes defamatory (imputing adultery) only when that extrinsic fact is introduced. In a Slander Per Quod claim, the plaintiff must plead and prove special damages—that is, tangible, measurable economic loss.
Bringing a Slander Per Se action can streamline the litigation process due to the presumption of harm. However, a successful claim still requires proving the fundamental elements of defamation:
Slander Per Se is a testament to the law’s recognition that some false accusations are so vile and inherently destructive that they require immediate legal recourse without demanding months of financial record collection from the victim. If you believe you have been the victim of a defamatory statement, especially one falling into these categories, consulting with an experienced Legal Expert is the first step toward reclaiming your reputation.
Q: Is Slander Per Se the same as Libel Per Se?
A: Both are forms of “defamation per se” and both share the same four core categories (crime, disease, profession, unchastity). The difference is the medium: Slander is spoken, while Libel is written or published. Libel Per Se is often treated as less restrictive, meaning more written statements are deemed defamatory on their face than spoken ones.
Q: Do I still need a Legal Expert if damages are presumed?
A: Absolutely. While nominal damages are presumed, you need an experienced Legal Expert to prove the elements of the claim, counter the defendant’s defenses (like truth or opinion), and present evidence of general and punitive damages to maximize your recovery.
Q: What is the defense of “Truth” in a Slander Per Se case?
A: The truth of the statement is an absolute defense to any defamation claim, including Slander Per Se. If the defendant can prove the statement—even one accusing a crime—is substantially true, the lawsuit will fail.
Q: Can online comments be Slander Per Se?
A: Defamation in a permanent form (like a social media post, blog comment, or text message) is generally classified as Libel, not Slander. If the statement fits one of the four categories, it would be treated as Libel Per Se, which also presumes damages.
Q: Is calling someone a “liar” Slander Per Se?
A: Not typically. General insults or name-calling (“liar,” “jerk,” “idiot”) are usually treated as statements of opinion or hyperbole and are not actionable as Slander Per Se, unless the term is used in a specific context to accuse them of a serious crime or professional failure.
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This post was generated by an AI assistant based on the topic provided. This information is for educational purposes only and does not constitute legal advice. You should always consult with a qualified Legal Expert regarding your specific situation.
Defamation per se, Slander per se, Libel per se, presumed damages, actual malice, defamation lawsuit, false statement, crime of moral turpitude, loathsome disease, professional misconduct, unchastity, tort of defamation, slander per quod
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