| Slander |
Definition of Slander from The 'Lectric Law Library's Lexicon
SLANDER - A false defamation (expressed in
spoken words, signs, or gestures) which injures the character or reputation of
the person defamed; distinguished from libel.
The defaming a man in his reputation by speaking or writing words which affect
his life, office, or trade, or which tend to his loss of preferment in marriage
or service, or in his inheritance, or which occasion any other particular
damage. In England, if slander be spoken of a peer, or other great man, it is
called Scandalum Magnatum. Falsity and malice are ingredients of slander.
Written or printed slanders are libels.
Here it is proposed to treat of verbal slander only, which may be considered
with reference to, 1st. The nature of the accusation. 2d. The falsity of the
charge. 3d. The mode of publication. 4th. The occasion; and 5th. The malice or
motive of the slander.
Actionable words are of two descriptions; first, those actionable in themselves,
without proof of special damages and, secondly, those actionable only in respect
of some actual consequential damages. Words of the first description must
impute: - 1st. The guilt of some offence for which the party, if guilty, might
be indicted and punished by the criminal courts; as to call a person a
"traitor," "thief," "highwayman;" or to say that
he is guilty of "perjury," "forgery," "murder,"
and the like. And although the imputation of guilt be general, without stating
the particulars of the pretended crime, it is actionable. - 2d. That the party
has a disease or distemper which renders him unfit for society. An action can
therefore be sustained for calling a man a leper. But charging another with
having had a contagious disease is not actionable, as he will not, on that
account, be excluded from society. A charge which renders a man ridiculous, and
impairs the enjoyment of general society, and injures those imperfect rights of
friendly intercourse and mutual benevolence which man has with respect to man,
is also actionable. - 3d. Unfitness in an officer, who holds an office to which
profit or emolument is attached, either in respect of morals or inability to
discharge the duties of the office in such a case an action lies. - 4th. The
want of integrity or capacity, whether mental or pecuniary, in the conduct of a
profession, trade or business, in which the party is engaged, is actionable as
to accuse an attorney or artist of inability, inattention, or want of integrity
or a clergyman of being a drunkard; Of the second class are words which are
actionable only in respect of special damages sustained by the party slandered.
Though the law will not permit in these cases the inference of damage, yet when
the damage has actually been sustained, the party aggrieved may support an
action for the publication of an untruth unless the assertion be made for the
assertion of a supposed claim. Action upon the case for Defamation but it lies
if maliciously spoken. The charge must be false; the falsity of the accusation
is to be implied till the contrary is shown. The instance of a master making an
unfavorable representation of his servant, upon an application for his
character, seems to be an exception, in that case there being a presumption from
the occasion of the speaking, that the words were true. The slander must, of
course, be published, that is communicated to a third person; and if verbal,
then in a language which he understands, otherwise the plaintiff's reputation is
not impaired. A letter addressed to the party, containing libelous matter, is
not sufficient to maintain a civil action, though it may subject the libeler to
an indictment, as tending to a breach of the peace; the slander must be
published respecting the plaintiff; a mother cannot maintain an action for
calling her daughter a bastard. To render words actionable, they must be uttered
without legal occasion. On some occasions it is justifiable to utter slander of
another, in others it is excusable, provided it be uttered without express
malice. It is justifiable for au attorney to use scandalizing expressions in
support of his client's cause and pertinent thereto. Members of congress and
other legislative assemblies cannot be called to account for anything said in
debate. Malice is essential to the support of an action for slanderous words.
But malice is in general to be presumed until the contrary be prove except in
those cases where the occasion prima facie excuses the publication. SLANDERER -
A calumniator, who maliciously and without reason imputes a crime or fault to
another, of which he is innocent. For this offence, when the slander is merely
verbal, the remedy is an action on the case for damages; when it is reduced to
writing or printing, it is a libel.
