The origins of the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

defamation Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

laws pre-date the

American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revoluti ...

; one influential case in 1734 involved

John Peter Zenger John Peter Zenger (October 26, 1697 – July 28, 1746) was a German printer and journalist in New York City. Zenger printed ''The New York Weekly Journal''. He was accused of libel in 1734 by William Cosby, the royal governor of New York, but t ...

and established precedent that "The Truth" is an absolute defense against charges of libel. Though the First Amendment of the U.S. Constitution was designed to protect

freedom of the press Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exerc ...

, for most of the history of the United States, the U.S. Supreme Court failed to use it to rule on libel cases. This left libel laws, based upon the traditional "Common Law" of defamation inherited from the English legal system, mixed across the states. The 1964 case '' New York Times Co. v. Sullivan'', however, radically changed the nature of libel law in the United States by establishing that public officials could win a suit for libel only when they could prove the media outlet in question knew either that the information was wholly and patently false or that it was published "with reckless disregard of whether it was false or not". Later Supreme Court cases barred strict liability for libel and forbade libel claims for statements that are so ridiculous as to be obviously facetious. Recent cases have added precedent on defamation law and the

Internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, p ...

. The First Amendment's guarantees of freedom of speech and freedom of the press provide defendants in the United States a measure of protection from defamation lawsuits. Some variation exists among the several states as to the extent to which the states' legislatures have passed statutes or their courts have handed down decisions affecting the contours inherited from common law. Some states codify what constitutes slander and libel together into the same set of laws. Criminal libel is rarely prosecuted but exists on the books in many states, and is constitutionally permitted in circumstances essentially identical to those where civil libel liability is constitutional. Defenses to libel that can result in dismissal before trial include the statement being one of opinion rather than fact or being "fair comment and criticism", though neither of these are imperatives on the US constitution. Truth is an absolute defense against defamation in the United States, meaning true statements cannot be defamatory. Most states recognize that some categories of false statements are considered to be defamatory ''per se'', such that people making a defamation claim for these statements do not need to prove that the statement caused them actual damages. (See section Defamation ''per se''.)

Development

Laws regulating slander and libel in the United States began to develop even before the

John Peter Zenger

In one of the most famous cases,

New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...

publisher

was imprisoned for eight months in 1734 for printing attacks on the governor of the colony. Zenger won his case and was acquitted by jury in 1735 under the counsel of Andrew Hamilton.

Gouverneur Morris Gouverneur Morris ( ; January 31, 1752 – November 6, 1816) was an American statesman, a Founding Father of the United States, and a signatory to the Articles of Confederation and the United States Constitution. He wrote the Preamble to th ...

, a major contributor in the framing of the U.S. Constitution said, "The trial of Zenger in 1735 was the germ of American freedom, the morning star of that liberty which subsequently revolutionized America". Zenger's case also established that libel cases, though they were civil rather than criminal cases, could be heard by a jury, which would have the authority to rule on the allegations and to set the amount of monetary damages awarded. The First Amendment of the U.S. Constitution was designed specifically to protect freedom of the press. However, for most of the history of the United States, the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

neglected to use it to rule on libel cases. This left libel laws, based upon the traditional common law of defamation inherited from the English legal system, mixed across the states.

''People v. Croswell''

The Zenger case did not, however, establish a precedent. In 1804 Harry Croswell lost a libel suit in ''

People v. Croswell ''The People of the State of New York v. Harry Croswell'' (3 Johns. Cas. 337 N.Y. 1804), commonly known and cited as ''People v. Croswell'', is an important case in the evolution of United States defamation law. It was a criminal libel case broug ...

'' when the Supreme Court of New York refused to accept truth as a defense. The following year the New York State Legislature changed the law to allow truth as a defense against a libel charge, breaking with English precedent under which the truthfulness of the statements alone is not a defense. Other states and the federal government followed suit.

''Pollard v. Lyon''

In ''Pollard v. Lyon'' (1875), the

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

upheld a District of Columbia U.S. District Court ruling that spoken words by the defendant in the case that accused the plaintiff of fornication were not actionable for slander because fornication, although involving moral turpitude, was not an indictable offense in the

District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...

at the time, as it had not been an indictable offense in

Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...

since 1785 when a provincial law passed in 1715 that banned both fornication and

adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...

saw only its fornication prohibition repealed by the

Maryland General Assembly The Maryland General Assembly is the state legislature of the U.S. state of Maryland that convenes within the State House in Annapolis. It is a bicameral body: the upper chamber, the Maryland Senate, has 47 representatives and the lower chamber ...

. When passing the

District of Columbia Organic Act of 1801 The District of Columbia Organic Act of 1801, officially An Act Concerning the District of Columbia (6th Congress, 2nd Sess., ch. 15, , February 27, 1801), is an organic act enacted by the United States Congress in accordance with Article 1, Sec ...

, the

6th United States Congress The 6th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the Senate and the House of Representatives. It met at Congress Hall in Philadelphia, Pennsylvania and in Washington, D ...

extended all of the criminal laws of Maryland and

Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...

to the respective territory within the District that each state had ceded to the federal government under Article I, Section VIII. In a unanimous decision written by

Associate Justice Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some sta ...

Nathan Clifford Nathan Clifford (August 18, 1803 – July 25, 1881) was an American statesman, diplomat and jurist. Clifford is one of the few people who have served in all three branches of the U.S. federal government. He represented Maine in the U.S. H ...

, the

Waite Court The Waite Court refers to the Supreme Court of the United States from 1874 to 1888, when Morrison Waite served as the seventh Chief Justice of the United States. Waite succeeded Salmon P. Chase as Chief Justice after the latter's death. Waite se ...

stated that "oral slander, as a cause of action, may be divided into five classes": # words falsely spoken of a person which impute to the party the commission of some criminal offense involving moral turpitude, for which the party, if the charge is true, may be indicted and punished; # words falsely spoken of a person which impute that the party is infected with some contagious disease, where, if the charge is true, it would exclude the party from society; or # defamatory words falsely spoken of a person, which impute to the party unfitness to perform the duties of an office or employment of profit, or the want of integrity in the discharge of the duties of such an office or employment; # defamatory words falsely spoken of a party which prejudice such party in his or her profession or trade; # defamatory words falsely spoken of a person, which, though not in themselves actionable, occasion the party special damage.

''New York Times v. Sullivan''

In 1964, however, the court issued an opinion in '' New York Times Co. v. Sullivan'', dramatically changing the nature of libel law in the United States. In that case, the court determined that public officials could win a suit for libel only if they could demonstrate " actual malice" on the part of reporters or publishers. In that case, "actual malice" was defined as "knowledge that the

information Information is an abstract concept that refers to that which has the power to inform. At the most fundamental level information pertains to the interpretation of that which may be sensed. Any natural process that is not completely random ...

was false" or that it was published "with reckless disregard of whether it was false or not". This decision was later extended to cover "public figures", although the standard is still considerably lower in the case of private individuals.

Notable cases since 1970

In '' Gertz v. Robert Welch, Inc.'', , the Supreme Court suggested that a plaintiff could not win a defamation suit when the statements in question were expressions of opinion rather than fact. In the words of the court, "under the First Amendment, there is no such thing as a false idea". However, the Court subsequently rejected the notion of a First Amendment opinion privilege, in '' Milkovich v. Lorain Journal Co.'', . In ''Gertz'', the Supreme Court also established a '' mens rea'' or

culpability In criminal law, culpability, or being culpable, is a measure of the degree to which an agent, such as a person, can be held morally or legally responsible for action and inaction. It has been noted that the word, culpability, "ordinarily ha ...

requirement for defamation; states cannot impose strict liability because that would run afoul of the First Amendment. This holding differs significantly from most other common law jurisdictions, which still have strict liability for defamation. In '' Hustler Magazine v. Falwell'', , the Supreme Court ruled that a

parody advertisement A parody advertisement is a fictional advertisement for a non-existent product, either done within another advertisement for an actual product, or done simply as parody of advertisements—used either as a way of ridiculing or drawing negative atte ...

claiming Jerry Falwell had engaged in an

incestuous Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adopti ...

act with his mother in an outhouse, while false, could not allow Falwell to win damages for emotional distress because the statement was so obviously ridiculous that it was clearly not true; an allegation believed by nobody, it was ruled, brought no liability upon the author. The court thus overturned a lower court's upholding of an award where the jury had decided against the claim of libel but had awarded damages for emotional distress. After '' Stratton Oakmont, Inc. v. Prodigy Services Co.'', 1995 N.Y. Misc. Lexis 229 (N.Y. Sup. Ct. May 24, 1995), applied the standard publisher/distributor test to find an online bulletin board liable for post by a third party, Congress specifically enacted (1996) to reverse the ''Prodigy'' findings and to provide for private blocking and screening of offensive material. § 230(c) states "that no provider or user of an interactive computer shall be treated as a publisher or speaker of any information provided by another information content provider", thereby providing forums immunity for statements provided by third parties. Thereafter, cases such as '' Zeran v. America Online'', , and ''Blumenthal v. Drudge'', , have demonstrated that although courts are expressly uneasy with applying § 230, they are bound to find providers like AOL immune from defamatory postings. This immunity applies even if the providers are notified of defamatory material and neglect to remove it, because provider liability upon notice would likely cause a flood of complaints to providers, would be a large burden on providers, and would have a chilling effect on freedom of speech on the Internet. In '' Barrett v. Rosenthal'', , the

California Supreme Court The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sac ...

ruled that does not permit web sites to be sued for libel that was written by other parties. To solve the problem of

libel tourism Libel tourism is a term, first coined by Geoffrey Robertson, to describe forum shopping for libel suits. It particularly refers to the practice of pursuing a case in England and Wales, in preference to other jurisdictions, such as the United State ...

, the SPEECH Act makes foreign libel judgments unenforceable in U.S. courts, unless those judgments are compliant with the U.S. First Amendment. The act was passed by the

111th United States Congress The 111th United States Congress was a meeting of the legislative branch of the United States federal government from January 3, 2009, until January 3, 2011. It began during the last weeks of the George W. Bush administration, with th ...

and signed into law by President

Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...

. In 2014 the

Ninth Circuit Court The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...

ruled in '' Obsidian Finance Group, LLC v. Cox'' that liability for a defamatory

blog A blog (a truncation of "weblog") is a discussion or informational website published on the World Wide Web consisting of discrete, often informal diary-style text entries (posts). Posts are typically displayed in reverse chronological order s ...

post involving a matter of public concern cannot be imposed without proof of fault and actual damages. Bloggers saying libelous things about private citizens concerning public matters can only be sued if they are negligent i.e., the plaintiff must prove the defendant's negligence – the same standard that applies when news media are sued. The Court held that in defamation cases not the identity of the speaker, but rather the public-figure status of a plaintiff and the public importance of the statement at issue provide the First Amendment foundation.

Defamation law in modern practice

Defamation law in the United States is much less plaintiff-friendly than its counterparts in European and the

Commonwealth countries The Commonwealth of Nations is a voluntary association of 56 sovereign states. Most of them were British colonies or dependencies of those colonies. No one government in the Commonwealth exercises power over the others, as is the case in a p ...

, due to the enforcement of the First Amendment. One very important distinction today is that European and Commonwealth jurisdictions adhere to a theory that every publication of a defamation gives rise to a separate claim, so that a defamation on the Internet could be sued on in any country in which it was read, while American law only allows one claim for the primary publication. In the United States, a comprehensive discussion of what is and is not libel or slander is difficult, because the definition differs between different states. Some states codify what constitutes slander and libel together into the same set of laws. Some states have criminal libel laws on the books, though these are old laws which are very infrequently prosecuted. Washington State has held its criminal libel statute unconstitutional applying the state and federal constitutions to the question. Most defendants in defamation lawsuits are newspapers or publishers, which are involved in about twice as many lawsuits as are television stations. Most plaintiffs are corporations, businesspeople, entertainers and other public figures, and people involved in criminal cases, usually defendants or convicts but sometimes victims as well. In no state can a defamation claim be successfully maintained if the allegedly defamed person is deceased.

Section 230 Section 230 is a section of Title 47 of the United States Code that was enacted as part of the United States Communications Decency Act and generally provides immunity for website platforms with respect to third-party content. At its core, Sect ...

of the

Communications Decency Act of 1996 The Communications Decency Act of 1996 (CDA) was the United States Congress's first notable attempt to regulate pornographic material on the Internet. In the 1997 landmark case ''Reno v. ACLU'', the United States Supreme Court unanimously struck ...

generally immunizes from liability parties that create fora on the Internet in which defamation occurs from liability for statements published by third parties. This has the effect of precluding all liability for statements made by persons on the Internet whose identity cannot be determined. In the various states, whether by case law or legislation, there are generally several "privileges" that can get a defamation case dismissed without proceeding to trial. These include the litigation privilege, which makes statements made in the context of litigation non-actionable, and the allegedly defamatory statement being "fair comment and criticism", as it is important to society that everyone be able to comment on matters of public interest. The United States Supreme Court, however, has declined to hold that the "fair comment" privilege is a constitutional imperative. One defense is reporting or passing through information as a general information or warning of dangerous or emergent conditions, and intent to defame must be proven. Also, the truth of the allegedly defamatory statement will always negate the claim (whether because the plaintiff fails to meet his/her burden of proving falsity or because the defendant proves the statement to be true).

Defamation ''per se''

All states except

Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the O ...

Missouri Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas t ...

and

Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...

recognize that some categories of false statements are so innately harmful that they are considered to be defamatory ''per se''. In the common law tradition, damages for such false statements are presumed and do not have to be proven. Statements are defamatory per se where they falsely impute to the plaintiff one or more of the following things: *Allegations or imputations "injurious to another in their trade, business, or profession" *Allegations or imputations of "loathsome disease" (historically

leprosy Leprosy, also known as Hansen's disease (HD), is a long-term infection by the bacteria ''Mycobacterium leprae'' or ''Mycobacterium lepromatosis''. Infection can lead to damage of the nerves, respiratory tract, skin, and eyes. This nerve damag ...

and

sexually transmitted disease Sexually transmitted infections (STIs), also referred to as sexually transmitted diseases (STDs) and the older term venereal diseases, are infections that are spread by sexual activity, especially vaginal intercourse, anal sex, and oral ...

, now also including mental illness) *Allegations or imputations of "unchastity" (usually only in unmarried people and sometimes only in women) *Allegations or imputations of criminal activity (sometimes only crimes of moral turpitude)

Criminal defamation

On the federal level, there are no criminal defamation or insult laws in the United States. However, 23 states and 2 territories have criminal defamation/libel/slander laws on the books, along with 1 state (Iowa) establishing defamation/libel as a criminal offense through case law (without statutorily defined crime): *

Alabama (We dare defend our rights) , anthem = "Alabama" , image_map = Alabama in United States.svg , seat = Montgomery , LargestCity = Huntsville , LargestCounty = Baldwin County , LargestMetro = Greater Birmingham , area_total_km2 = 135,765 ...

( Alabama Revised Statutes, §§ 13A-11-160-13A-11-164) *

Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...

(

Florida Statutes The ''Florida Statutes'' are the codified, statutory laws of Florida; it currently has 48 titles. A chapter in the Florida Statutes represents all of the relevant statutory law on a particular subject. The statutes are the selected reproduction of ...

, §§ 836.01-836.11) *

Idaho Idaho ( ) is a state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Montana and Wyomi ...

(

Idaho Code Idaho ( ) is a state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Montana and Wyomi ...

, §§ 18-4801-18-4809) *

Illinois Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rockf ...

( Illinois Compiled Statutes, Chapter 720 § 300) (related only to banking and trust businesses, not to individuals) *

Iowa Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to th ...

(no statutorily defined crime, but article 1, § 7 of the

Iowa Constitution Iowa () is a U.S. state, state in the Midwestern United States, Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wiscon ...

states that truth shall be a defense in criminal-libel lawsuits. The case of Park v. Hill 380 F. Supp. 2d 1002 (N. D. Iowa 2005) set the basic rules of Iowa about criminal defamation/libel, defining what it is, while the case of State v. Heacock 76 N. W. 654 (Iowa 1898) set the Iowan rules about public persecution for the crime. Therefore, it exists based on case law). *

Kansas Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to th ...

( Kansas Statutes Annotated, § 21-6103(a)(1)) *

Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia ...

(

Kentucky Revised Statutes Kentucky Revised Statutes (KRS) is the name given to the body of laws which govern the Commonwealth of Kentucky, United States. They are created pursuant to the Kentucky Constitution and must conform to the limitations set out in the Constitutions ...

, § 432.280) (related only to acting judges and courts) *

Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...

( Louisiana Revised Statutes, § 14:47) *

Massachusetts Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...

( Massachusetts Revised Statutes, Ch. 272 § 98C) (related only to publishing materials, aiming at spreading hatred against groups of people of a race, skin color, religion, thus, in practice, serving as a sort of hate crime law, but still, it's classified as a libel) *

Michigan Michigan () is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the List of U.S. states and ...

( Michigan Compiled Laws, §§ 750.370-750.371) *

Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...

( Minnesota Statutes. § 609.765) *

Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...

( Mississippi Code Annotated, §97-3-55) *

Montana Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columb ...

(

Montana Code Annotated Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Colum ...

, § 45-8-212) *

Nevada Nevada ( ; ) is a state in the Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. Nevada is the 7th-most extensive, ...

(

Nevada Revised Statutes The Nevada Revised Statutes (NRS) are all the current codified laws of the State of Nevada. Nevada law consists of the Constitution of Nevada (the state constitution) and Nevada Revised Statutes. The Nevada Supreme Court interprets the law and cons ...

, §§ 200.510–200.560) *

New Hampshire New Hampshire is a state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec to the nor ...

(

New Hampshire Revised Statutes Annotated The New Hampshire Revised Statutes Annotated (RSA) forms the codified law of the state subordinate to the New Hampshire State Constitution. History The RSA is a set of law books published by Thomson West. The work of updating the previous codif ...

, § 644:11) *

New Mexico ) , population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano) , seat = Santa Fe , LargestCity = Albuquerque , LargestMetro = Tiguex , OfficialLang = None , Languages = English, Spanish ( New Mexican), Navajo, Ke ...

( New Mexico Statutes Annotated, § 30-11-1) *

North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and ...

(

North Carolina General Statutes North is one of the four compass points or cardinal directions. It is the opposite of south and is perpendicular to east and west. ''North'' is a noun, adjective, or adverb indicating direction or geography. Etymology The word ''north'' i ...

, § 14-47) *

North Dakota North Dakota () is a U.S. state in the Upper Midwest, named after the indigenous Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north and by the U.S. states of Minnesota to the east, So ...

( North Dakota Century Code, § 12.1-15-01) * Oklahoma ( Oklahoma Statutes, tit. 21 §§ 771-781) *

South Carolina )'' Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...

(

South Carolina Code of Laws South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz ...

, § 16-7-150) *

Texas Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...

( Texas Finance Code, §§59.002; 89.101; 119.202; 122.251; 199.001) (respectively related only to banks, savings and loans associations, savings banks, credit unions, state trust companies) *

Utah Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...

( Utah Code Annotated, § 76-9-404) *

( Virginia Code Annotated, § 18.2-417) *

Wisconsin Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...

( Wisconsin Statutes, § 942.01) *

Puerto Rico Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and unincorporated ...

( Puerto Rico Laws, tit. 33, §§ 4101-4104), which was declared unconstitutional in 2003 by a Federal Court *

Virgin Islands The Virgin Islands ( es, Islas Vírgenes) are an archipelago in the Caribbean Sea. They are geologically and biogeographically the easternmost part of the Greater Antilles, the northern islands belonging to the Puerto Rico Trench and St. Cro ...

( Virgin Islands Code, Title 14, §§ 1172-1182) Between 1992 and August 2004, 41 criminal defamation cases were brought to court in the United States, among which six defendants were convicted. From 1965 to 2004, 16 cases ended in final

conviction In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is cons ...

, among which nine resulted in jail sentences (average sentence, 173 days). Other criminal cases resulted in

fines Fines may refer to: * Fines, Andalusia, Spanish municipality * Fine (penalty) * Fine, a dated term for a premium on a lease of land, a large sum the tenant pays to commute (lessen) the rent throughout the term *Fines, ore or other products with a s ...

(average fine, $1,700),

probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...

(average of 547 days),

community service Community service is unpaid work performed by a person or group of people for the benefit and betterment of their community without any form of compensation. Community service can be distinct from volunteering, since it is not always performe ...

(on average 120 hours), or writing a letter of apology.OSCE – Libel and Insult Laws: A Matrix on Where We Stand and What We Would Like to Achieve
(op.cit., see page 172)

References

{{DEFAULTSORT:United States Defamation Law Defamation Defamation law