Author: Shelby Benavidez  

Contributing Attorney: Dana Nichols, attorney 

Defamation is one of those terms you hear all of the time, but may not really understand what it means. It’s thrown around in the news when celebrities sue newspapers, when politicians argue about being misrepresented, or when ordinary people claim their reputation has been damaged online. One of the most high-profile examples in recent years was the Johnny Depp vs. Amber Heard trial, which drew worldwide attention in 2022. Despite how the case turned out, it proved that defamation lawsuits can damage your reputation even without proof of whether the accusation was true. 

At its core, defamation is about protecting people from lies that hurt their “good” name. However, in the U.S., it’s not always so simple. Free speech protections under the First Amendment make defamation law a complicated balance between protecting reputations and protecting the right to express opinions.  

In this guide, we’ll break down what defamation really means, the difference between slander and libel, how lawsuits work in the U.S., and what the defamation rules look like specifically in the state of Texas.  

Defamation Basics in the U.S.  

What is Defamation? Definition and Examples  

Defamation happens when someone makes a false statement about another person that harms their reputation. That false statement can be spoken, written, or even posted online. For example, if someone posts on Facebook that their neighbor is a thief when that’s not true, that could be considered defamation.  

However, not every insult or negative statement qualifies as defamation. To meet the legal standard, the statement must be factually false, communicated to at least one other person, cause measurable harm, and not fall under special protections such as courtroom testimony.  

Slander vs. Libel: What’s the Difference in Defamation Law?  

Defamation is an umbrella term for false statements that damage someone’s reputation, but there are two main types. When a false statement is spoken by word of mouth, it’s called slander. For example, spreading a false rumor about a coworker at a party would be slander.   

When a false statement is written or published, it’s called libel. This includes statements in newspapers, blogs, social media posts, or even emails. Because written words last longer and spread further, libel is often treated more seriously in court than slander.  

Does the First Amendment Protect Defamation?  

Defamation can be complicated because there’s a fine line between sharing your opinion about something or someone and spreading lies that could potentially harm another person. The First Amendment protects free speech without fear of government censorship or punishment, meaning you can freely give out your opinion, but it does not protect against false statements that can damage someone’s reputation. It’s ultimately up to the court to decide whether or not a statement qualifies as defamation.  

The law also makes a distinction between private individuals and public figures. Private individuals who experience defamation generally have stronger protections under the law because they didn’t voluntarily place themselves in the public eye. If a private person is defamed, they usually only need to show that the false statement was made negligently, meaning whoever started the rumor didn’t bother to check whether the statement was true or not before spreading it. For example, if you start telling everyone that your neighbor steals mail without bothering to confirm if it’s true, that may be considered negligent, and your neighbor has grounds to file a defamation suit.  

Public figures, on the other hand, have a much more complex burden of proof. Public figures, in this context, include celebrities, politicians, business leaders, and influencers. Public figures must prove “actual malice” in order to win a defamation case. Actual malice means that the person who made the statement either knew it was false when they said it or acted with reckless disregard for the truth. In other words, it’s not enough for a public figure to prove that a damaging statement was wrong; they also have to show that the speaker intended to cause harm or was grossly careless.  

To put it into perspective, let’s say a journalist is writing about a mayor’s questionable use of public funds. If the article turns out to contain some inaccuracies but was written after careful research and without any intent to lie, the mayor probably wouldn’t win a defamation case because he couldn’t prove actual malice. However, if a private citizen was falsely accused of stealing money from their child’s fundraiser and the claim was made carelessly without any evidence, that person might have a much easier time winning a lawsuit.  

This distinction between private individuals and public figures shows how defamation law tries to strike a balance between protecting everyday people from careless lies while still giving the public room to question and criticize those in positions of power or influence.  

Suing for Defamation in the U.S.  

Can You Sue Someone for Defamation in America?  

In the U.S., you technically have the right to sue anyone for making a false and harmful statement about you. However, if you don’t have grounds for defamation, you probably won’t win. In order to have a successful defamation suit, you’ll need to prove that the statement isn’t true, that the person shared the false information with others, and, in turn, has caused real damage to your reputation, career, or personal life.  

Lawsuits can be expensive and lengthy, so not every case is worth pursuing. If you’re considering filing a defamation lawsuit, consult with an attorney and carefully weigh the costs against the potential outcome before moving forward.  

Who Has the Burden of Proof in a Defamation Case?  

In American defamation law, the burden of proof lies with the plaintiff or the person filing the lawsuit. If you claim you were defamed, you have to prove that the statement was false and caused harm. Public figures face an additional hurdle because they must also prove actual malice. This standard was set by the famous Supreme Court case New York Times v. Sullivan in 1964 and remains a cornerstone of U.S. defamation law.  

Can You Go to Jail for Defamation in the U.S.?  

Defamation is generally treated as a civil matter in the United States, so even if you’re found guilty of defaming someone, you likely won’t face jail time. Instead, the judge may order you to pay the plaintiff damages.  

Some states still technically have criminal defamation statutes, but they are rarely enforced and often considered unconstitutional. For that reason, jail time for defamation is extremely unlikely in the U.S.  

Defamation Laws in Texas  

Texas Defamation Laws: What Makes Them Unique  

Texas defamation law is pretty aligned with the rest of the United States, though it does include some unique rules. For example, the statute of limitations for defamation in Texas is one year, which means you have to file a lawsuit within a year of the defamatory statement being made. Texas also recognizes “defamation per se,” which refers to especially harmful false statements, such as accusing someone of committing a crime, having a contagious disease, or being dishonest in their profession. In these cases, the law can assume that your reputation was harmed even without physical proof.  

Texas also enforces anti-SLAPP laws (Strategic Lawsuits Against Public Participation), which are designed to protect free speech. If the court finds that a defamation lawsuit is being used simply to silence or intimidate someone, it can dismiss the case quickly.  

How to Sue for Defamation in Texas  

If you believe you’ve been defamed in Texas, the process begins with consulting a lawyer. Because defamation law can be complex, it’s important to have the guidance of a legal professional. Next, you’ll need to gather evidence, such as screenshots, recordings, or written documents, to prove that the statement was actually made, that it referred to you, and that it was false. You will also need to show how the statement caused you harm, whether financially, professionally, or personally. Finally, with your attorney’s help, you’ll file the lawsuit in the appropriate Texas court within the one-year deadline. Many defamation cases in Texas end in settlement before going to trial.  

Is It Worth Suing for Defamation in Texas?  

Whether it’s worthwhile to sue for defamation in Texas depends on your situation. If the false statement cost you a job, damaged your business, or seriously harmed your reputation, pursuing legal action may make sense. However, lawsuits are costly, take time, and can be emotionally draining. If the defendant has few financial resources, collecting damages may also be difficult. In some cases, seeking an apology, retraction, or public correction may be more effective than filing a lawsuit.  

Protecting Reputation vs. Free Speech  

Defamation law in the United States balances the protection of reputation with the protection of free speech. While false and damaging statements can lead to legal consequences, not every insult or unkind remark qualifies as defamation.  

In Texas, the rules include a short filing deadline, recognition of defamation per se, and protections against frivolous lawsuits meant to silence free speech. While suing for defamation can sometimes restore a reputation or provide financial relief, it is not always the best solution.  

By understanding the basics of defamation, slander, and libel, you can better recognize when your rights have been violated and also avoid making statements that could put you at risk. In today’s digital age, where words spread quickly and widely, being informed about defamation law is more important than ever.