The First Amendment protects freedom of speech, but that protection is not absolute. Defamation laws balance First Amendment rights with the need to protect the reputations of individuals or businesses from false statements. Defamation claims arise where the reputation of a business or person has been harmed by false statements, whether spoken (slander), written (libel), or through online means (cyber libel).
With the rise of the internet and social media, courts have seen a sharp uptick in defamation cases, with large eight- or nine-figure verdicts becoming more common due to the potential for harm created by large platforms such as social media or podcasts, and the way extreme statements may be rewarded by digital algorithms.
Defamation Cases in History
Defamation cases in the US date back centuries, with one of the earliest being the 1734 case of publisher John Peter Zenger, who was imprisoned for printing articles critical of the Governor of New York, William Cosby. Zenger successfully argued that the truth was a defense against defamation.
In more recent times, is the landmark 1964 Supreme Court case of New York Times Co. vs Sullivan established the “actual malice” standard of defamation law used today with respect to “public figures.” The newspaper argued that the ad in question was not intended to hurt the plaintiff’s reputation and was therefore protected by First Amendment rights. The Supreme Court agreed in a unanimous ruling.
More recently, Fox News vs Dominion Voting Systems made headlines for the record settlement amount involved, with Fox agreeing to pay a $787.5 million settlement over false claims about Dominion’s voting systems – the largest-ever defamation case to date. Mike Lindell, of MyPillow Fame, also lost a Dominion-related case, although this case revolved around Lindell’s defamation of a former Dominion employee. The employee was awarded $2.3 million in damages.
Other significant cases include the recent Amber Heard vs Johnny Depp case, Greenpeace vs Energy Transfer, and the Alex Jones case, in which Jones was ordered to pay $965 million to the families of Sandy Hook victims and an FBI agent regarding his false claims about the 2012 school shooting. Payment terms are ongoing.
Meanwhile, in August 2025, some users of the Tea app, which was subject to a data breach, found themselves named in lawsuits alleging defamation after their posts on the app were leaked to the wider internet.
Winning a Defamation Case
Defamation cases can be complex and should be navigated by an experienced attorney. While each state defines defamation in a specific way, in general, successful suits must show:
- The statement was published, for example, on television or in a newspaper, and therefore experienced by people other than the claimant
- The plaintiff was identified, for example, by name, or in a photo, video, or drawing
- The plaintiff’s reputation has been harmed, for example, through job loss or emotional distress, or in the case of businesses, through harming the company’s financial stability or business reputation. False statements considered inherently damaging, known as “defamation per se,” come with a presumption of harm.
- A false statement of fact has been made. These statements can’t be a matter of opinion, but must be capable of being proven true or false.
- Some level of fault is involved. The level of fault required to prove defamation differs between public figures, where genuine malice must be proven, and private ones, where negligence might be enough to prove fault.
Is it Worth Suing for Defamation?
Whether it’s worth proceeding with a defamation case depends on your specific circumstances, the degree of harm, how strong the evidence is, how much financial recovery is potentially involved, and (often overlooked) the likelihood of actually recovering a money judgment. Due to the cost and complexity of defamation cases, it might be worth pursuing alternatives such as a cease-and-desist letter, a public retraction, or mediation and arbitration options. Note, as with most civil cases, the majority of defamation cases settle before going to trial.
Warner PLLC Can Advise on Your Defamation Suit
With extensive experience in litigation, claims, and disputes, the attorneys at Warner PLLC can offer guidance regarding your individual or business defamation questions. With trial experience and experience in litigation, arbitration, and mediation, we can advise you regarding your unique situation. For more information, contact us today.
