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Protecting Your Reputation Through A Lawsuit

Defamation protects the reputation of individuals against communications to others of false information that are harmful to an individual's standing in the community. There are two types of defamation. One is libel, which is defamation in written form. The other is slander, which is defamation through oral statements or in a nontangible format.

In Minnesota and most other states, an individual who is the subject of defamatory statements can sue the person or organization making the statements for damages, including loss of income, emotional distress, and pain and suffering. In addition, in extreme cases, individuals can recover punitive damages as a result of defamation.

If an individual is a "public" official, meaning an elected or high level governmental officeholders, or a "public figure," an individual well known in the community, they must be able to prove that the defamatory statements were made with what is known as "actual malice" which means knowing or reckless disregard for the truth. The "actual malice" rule, which is based on the freedom of speech and press enshrined the First Amendment of the U.S. Constitution, makes it much harder for those "public" officials and figures to sue successfully for defamation.

But most people are private parties. They can pursue a claim for defamation if they are able to show that the false and defamatory communications were made negligently or carelessly, without having to prove any actual malice.

For more information about defamation, please contact us by using this site's e-mail or calling us at 612.339.4295.

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