Defamation & Reputation Protection

Defamation Takes Many Forms

When someone makes false statements about you or your business, the consequences can extend far beyond hurt feelings. Your professional reputation, career, business relationships, financial interests, and standing in the community may all be affected. And when false information spreads online or through social media, the damage can happen quickly and reach a wide audience.

If you have been the target of false or damaging statements, or if you have been accused of making defamatory statements, it is important to understand your legal rights and options. Defamation cases can be complex and often involve questions of truth, opinion, privilege, free speech, publication, fault, and damages.

At the Law Offices of Schwartz & Arminavage, our attorneys represent both plaintiffs and defendants in defamation matters. We understand that these disputes can have significant personal, professional, and financial consequences, and we provide clients with a careful and realistic assessment of their case.

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What is Defamation?

Generally, defamation involves a false statement of fact about another person or entity that is communicated to a third party and causes legally recognized harm. The precise requirements of a defamation claim vary depending on the applicable law and circumstances. Modern defamation suits encompass what most laypersons know as “slander” and “libel.”

When Does a Statement Become Defamatory?

Not every negative, offensive, or damaging statement constitutes defamation. Whether a statement may give rise to a claim depends heavily on its content, context, and the applicable law.

A defamation case may require consideration of questions such as whether the statement asserted a fact rather than an opinion, whether it was false, whether it was communicated to someone other than the person involved, whether a legal privilege applies, what level of fault must be established, and whether the statement caused actionable harm.

The legal standards may also differ depending on whether the person involved is a private individual, public figure, or public official and on the circumstances in which the statement was made.

Defamation in the Digital Age

The internet has dramatically changed the potential reach and consequences of defamatory statements. A statement that once might have been communicated to only a handful of people can now be distributed to hundreds or thousands of readers within seconds.

Potential defamation disputes may arise from:

Social media posts and comments;
Online reviews;
Websites and blogs;
Emails and electronic communications;
Videos and podcasts;
Workplace communications;
Statements made to customers or clients;
Professional or business disputes; and
Statements made to schools, organizations, or other third parties.

Online defamation can present additional legal challenges, particularly when the identity of the person responsible for a statement is unknown or when information has been shared or republished across multiple platforms.

Speak With Our Defamation Attorneys

Defamation cases can be difficult, fact-intensive, and highly dependent on the specific words used and the context in which they were communicated. For that reason, an early and realistic assessment of the case is especially important.

At the Law Offices of Schwartz & Arminavage, we carefully evaluate defamation matters before determining the appropriate course of action. Our goal is to help clients understand the strengths and challenges of their position, the remedies or defenses that may be available, and the practical considerations involved in pursuing or defending a defamation lawsuit.

Whether false statements have harmed you or you are defending against a defamation claim, our attorneys can help you understand your rights and options. Contact the Law Offices of Schwartz & Arminavage to discuss your case and learn how we can assist you.

Defamation FAQs

Please reach us at info@schwartzarmlaw.com if you cannot find an answer to your question.

What is the difference between libel and slander?

Both are forms of defamation. Libel generally refers to defamatory statements made in writing or another fixed form, while slander generally refers to spoken defamatory statements. Both are equally unlawful forms of defamation.

Is every false statement considered defamation?

No. A statement generally must meet specific legal requirements to be actionable as defamation. The statement's wording, context, truth or falsity, whether it was communicated to a third party, and the harm it caused can all affect whether a viable claim exists.

Can social media posts or online reviews be defamatory?

Yes. Potentially defamatory statements can be made through social media, online reviews, websites, blogs, emails, and other forms of digital communication. The same general principles of defamation law can apply to statements made online.

What damages may be available in a defamation case?

Available damages depend on the circumstances and applicable law. A successful claim may involve compensation for financial losses, harm to reputation, lost professional or business opportunities, and other legally recognized damages. In cases of defamation “per se,” such as false statements regarding a person’s career, sexual health, and criminal history do not require proof of special damages.

What defenses are available in a defamation lawsuit?

Defamation defendants may have several potential defenses depending on the circumstances. These can include truth, opinion, privilege, and other protections provided by state or federal law.

How long do I have to file a defamation lawsuit?

The deadline for filing a defamation claim varies by jurisdiction and can be relatively short. Because waiting too long may affect your ability to pursue a claim, it is important to speak with an attorney promptly after discovering potentially defamatory statements. In Maryland and Washington, D.C., the statute of limitations for defamation is one year.