How To Prove A Tennessee Defamation – Slander Claim

 

 

In Tennessee, a claim of Defamation – Slander is defined as:

Slander occurs when, by way of oral or spoken communication, one makes a defamatory, malicious or false statement about another that damages their reputation and subjects them to hatred, contempt, or ridicule.

It simply means:

An untrue statement spoken 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 public statement that was shared with others, which is a key part of a defamation claim, specifically for slander, where spoken words harm someone’s reputation.
  

  Facts that might support this element look like:

  * The defendant made a public statement during a community meeting that directly named the plaintiff.
  * The defendant posted a comment on social media that included derogatory remarks about the plaintiff’s character.
  * The defendant sent an email to multiple recipients that contained false information about the plaintiff’s professional conduct.
  * The defendant spoke to a local news reporter, providing damaging information about the plaintiff without verifying its accuracy.
  * The defendant distributed flyers in the neighborhood that contained untrue allegations about the plaintiff’s personal life.

• Element 2. The defendant knew the statement was false and defamatory. The defendant made a false and harmful statement about someone else, fully aware that it was untrue and damaging to that person’s reputation.
  

  Facts that might support this element look like:

  * The defendant had previously been informed by a credible source that the statement was untrue.
  * The defendant made the statement despite having access to evidence that contradicted it.
  * The defendant expressed doubts about the truth of the statement in private conversations before making it publicly.
  * The defendant had a motive to harm the plaintiff’s reputation, which suggests awareness of the statement’s falsity.
  * The defendant failed to verify the accuracy of the statement before disseminating it to others.

• Element 3. The defendant acted with reckless disregard for the truth of the statement or with negligence in failing to ascertain its truth. 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 that can harm someone’s reputation.
  

  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 had previously received warnings about the potential falsehood of the statement but chose to ignore them.
  * The defendant failed to conduct a basic investigation despite having access to evidence that contradicted the statement.
  * The defendant was aware of the statement’s potential harm but proceeded to share it publicly without any fact-checking.
  * The defendant had a history of making similar unverified claims, indicating a pattern of negligence in their communications.

^{(See Brown v. Christian Bros. University, 428 SW 3d 38 (Tenn. Court of Appeals 2013).)}
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Prove Your TN Defamation – Slander Claim

U.S. Civil Cases Only