How To Prove A Texas Defamation – Slander Claim
In Texas, 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 5 elements of the claim:
- Element 1. The defendant made an oral statement. The defendant spoke out loud in a way that could harm the reputation of the person claiming defamation, which is a key part of proving that slander occurred.
Facts that might support this element look like:
* The defendant publicly stated that the plaintiff was involved in illegal activities during a community meeting.
* Witnesses overheard the defendant claim that the plaintiff was dishonest in their business dealings at a local café.
* The defendant told several individuals that the plaintiff had been fired for misconduct, which was untrue.
* The defendant made derogatory remarks about the plaintiff’s character during a social gathering attended by multiple people.
* The defendant explicitly accused the plaintiff of cheating in a public forum, damaging the plaintiff’s reputation. - Element 2. The statement was false. In a defamation case, particularly for slander, the statement in question must be proven to be untrue, meaning it falsely represents someone or something, which can harm the reputation of the person being talked about.
Facts that might support this element look like:
* The defendant publicly claimed that the plaintiff was involved in criminal activity, which was later proven to be untrue.
* Witnesses testified that the statements made by the defendant about the plaintiff’s character were fabricated and had no basis in fact.
* The plaintiff provided documentation showing that the allegations made by the defendant were factually incorrect and misleading.
* The defendant admitted in a private conversation that the statements about the plaintiff were exaggerated and not based on reality.
* The plaintiff has a clean record, contradicting the defendant’s claims of misconduct and dishonesty. - Element 3. The statement was made to a third person. In a defamation claim for slander, the statement must have been spoken to someone other than the person being accused, meaning it was shared with a third party who heard it, which can harm the reputation of the person being talked about.
Facts that might support this element look like:
* The defendant publicly accused the plaintiff of theft during a community meeting attended by several residents.
* The defendant shared false information about the plaintiff’s character in a group chat that included multiple individuals.
* The defendant made derogatory remarks about the plaintiff to a mutual friend, who then relayed the information to others.
* The defendant posted defamatory statements about the plaintiff on social media, where it was visible to the public and their followers.
* The defendant discussed the plaintiff’s alleged misconduct with coworkers during a lunch break, leading to widespread gossip. - Element 4. The statement referred to an ascertainable person. In a defamation case, particularly for slander, the statement must be about a specific person who can be identified, meaning it should clearly point to someone rather than being vague or general, so that the person can be harmed by the false claims made against them.
Facts that might support this element look like:
* The statement specifically named John Doe, a local business owner, in the context of alleged fraudulent activities.
* The statement described Jane Smith’s actions in a way that clearly identified her as the only person involved in the incident.
* The statement included details about a specific event that only involved the individual, making it clear who was being referenced.
* The statement was made in a public forum where the audience could easily recognize the individual being discussed.
* The statement contained unique identifiers, such as the person’s occupation and location, which made it evident who was being referred to. - Element 5. The statement was not protected by a qualified or conditional privilege, The statement in question was not covered by any legal protections that would allow it to be made without consequences, meaning it could be considered harmful and false, which is essential for a defamation claim involving slander.
Facts that might support this element look like:
* The statement was made with actual malice, as the speaker knew it was false or acted with reckless disregard for the truth.
* The speaker had no legitimate interest in sharing the information, as it was unrelated to any public concern or duty.
* The statement was made to individuals outside the scope of any privileged communication, such as a private conversation.
* The speaker had a history of making false statements about the plaintiff, indicating a pattern of malicious intent.
* The statement was not based on any factual evidence and was purely speculative, undermining any claim to privilege.
(See Reeves v. Western Co. of North America, 867 SW 2d 385 – Tex: Court of Appeals, 4th Dist. 1993.)
If you’re in court without a lawyer and plan to assert a Claim of Defamation – Slander, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your case effectively.
Prove Your TX Defamation – Slander Claim
U.S. Civil Cases Only