Defamation Law Guides

Plain-language guides written and reviewed by editorial staff with experience in defamation law, First Amendment doctrine, and media litigation. Each guide provides the legal and practical context behind the calculator results.

How Defamation Damages Work

A comprehensive guide to the three categories of defamation damages — actual, presumed, and punitive — and how courts calculate each. Covers the constitutional framework under Gertz v. Robert Welch and New York Times v. Sullivan, the public figure/private figure distinction, how punitive damages are constrained by First Amendment doctrine, and what the ±60% range in the calculator reflects about the variability of defamation outcomes.

Types of Defamation Claims

Libel versus slander, the four categories of per se defamation (false criminal accusation, loathsome disease, professional unfitness, sexual misconduct), trade libel and commercial disparagement, false light invasion of privacy, and the major defenses — truth, opinion, absolute privilege, qualified privilege, and anti-SLAPP. Explains which type of claim applies in the most common defamation scenarios including online reviews, social media posts, and professional settings.

What to Do After Defamation

A step-by-step practical guide covering evidence preservation (screenshots, timestamps, archiving before deletion), documenting economic and reputational harm, the retraction demand process and why it matters in states with retraction statutes, the statute of limitations and why prompt action is essential, and how to find and evaluate a defamation attorney. Also covers what to expect in early-stage defamation litigation including discovery of the defendant's state of mind for actual malice analysis.

Common Defamation Misconceptions

Five widely held misunderstandings about defamation law: the scope of the opinion defense, platform liability under Section 230, the requirement that the statement be false (not merely hurtful), the difficulty public figures face under the actual malice standard, and the effect of retraction on damages and liability. Each misconception is explained with the actual legal standard and why the misunderstanding persists.

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