How To Prove A Tennessee Defamation Claim

 

 

In Tennessee, a claim of Defamation is defined as:

To defame someone is to make false statements that harm the person’s reputation by inciting hatred, contempt, or ridicule against that person.

It simply means:

An untrue statement made publicly to damage someone else’s reputation.

There are 3 elements of the claim:

• Element 1. The defendant published a statement. The defendant made a statement that was shared with others, which is a key part of proving a defamation claim.
  

  Facts that might support this element look like:

  * The defendant posted a statement on their public social media account, which is accessible to anyone online.
  * The defendant sent an email containing the statement to multiple recipients, including individuals outside of their immediate circle.
  * The defendant verbally communicated the statement during a public meeting attended by several witnesses.
  * The defendant published the statement in a widely distributed newsletter that reached hundreds of subscribers.
  * The defendant shared the statement on a popular online forum, where it was visible to thousands of users.

• Element 2. The defendant knew the statement was false and defamatory. The defendant was aware that their statement was untrue and harmful to the person’s reputation, meaning they knowingly spread false information that could damage someone’s good name.
  

  Facts that might support this element look like:

  * The defendant had previously been informed by a credible source that the statement was untrue before making it public.
  * The defendant had a history of making false statements about the plaintiff, indicating a pattern of malicious intent.
  * The defendant admitted in a private conversation that they doubted the truth of the statement before disseminating it.
  * The statement was made shortly after the defendant was involved in a heated dispute with the plaintiff, suggesting motive and knowledge of its falsity.
  * The defendant failed to conduct any reasonable investigation to verify the accuracy of the statement prior to its publication.

• Element 3. The defendant acted with reckless disregard for the truth of the statement or with negligence in failing to ascertain its truth. In a defamation case, this means the person making the statement either knew it was likely false or didn’t bother to check if it was true, showing a careless attitude towards the truth.
  

  Facts that might support this element look like:

  * The defendant published the statement without verifying the accuracy of the information from reliable sources.
  * The defendant ignored clear evidence that contradicted the statement before making it public.
  * The defendant had a history of making unverified claims about the plaintiff, demonstrating a pattern of negligence.
  * The defendant was aware of the potential harm the statement could cause but chose to publish it anyway.
  * The defendant failed to consult with experts or witnesses who could have clarified the truth of the statement.

^{(See Brown v. Christian Bros. University, 428 SW 3d 38 (Tenn. Court of Appeals 2013).)}
If you’re in court without a lawyer and plan to assert a Claim of Defamation, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your Claim of Defamation.

Prove Your TN Defamation Claim

U.S. Civil Cases Only