Slander can destroy reputations, damage careers, and lead to significant emotional distress. But what are your legal options if someone has spoken false, damaging words about you? Can you actually sue for slander? The answer is yes—but there’s more to it than simply feeling insulted or embarrassed. This guide breaks down everything you need to know about filing a slander lawsuit and your rights under the law.
What Is Slander?
Slander is a form of defamation that involves false spoken statements made about a person that cause harm to their reputation. Unlike libel, which involves written or published falsehoods, slander is transient—it typically occurs in conversation, public speech, interviews, or even recorded voice messages.
To qualify as slander, a statement must be:
- False – Truth is an absolute defense to slander.
- Defamatory – The statement must harm the reputation of the individual.
- Published – Not in the traditional sense; in slander cases, this means the statement was communicated to at least one person other than the target.
- Unprivileged – Statements made in protected settings like courtrooms may be exempt.
- Causing Damages – There must be measurable harm (emotional, financial, etc.).
For example, telling your coworkers that a colleague has been embezzling money—when that claim is entirely false—could be grounds for a slander lawsuit.
Grounds to File a Slander Lawsuit
Filing a slander lawsuit isn’t just about feeling wronged. You need to prove that the statement meets certain legal thresholds. Here’s what must generally be established:
1. A False Statement of Fact
Opinions, even harsh ones, don’t typically qualify as slander. The statement must be presented as a fact that is verifiably false.
2. Communication to a Third Party
If the slanderous comment was said privately and no one else heard it, you likely don’t have a claim. Someone else must have heard the remark for it to count.
3. Fault Amounting to Negligence or Malice
Depending on your status (private individual or public figure), the burden of proof changes. Public figures must prove actual malice, meaning the speaker knew the statement was false or acted with reckless disregard for the truth.
4. Actual Damages
You’ll need to prove how the slanderous statement harmed you—loss of employment, mental anguish, damaged relationships, etc. Some cases may qualify for “slander per se,” which assumes damages.
What Is Slander Per Se?
In some cases, certain statements are considered so inherently damaging that you don’t have to prove actual harm. These fall under the category of “slander per se” and typically include:
- Allegations of a crime
- Accusations of having a contagious or loathsome disease
- Statements harmful to someone’s profession or business
- Accusations of sexual misconduct or moral turpitude
If someone publicly states you committed fraud, for example, you may not need to show specific harm to your income or relationships to sue for slander successfully.
Statute of Limitations: Don’t Wait Too Long
Each state has its own statute of limitations for slander lawsuits, generally ranging from one to three years. It’s crucial to act quickly once you become aware of the slanderous remark.
🕒 Example: In California, the statute of limitations for slander is just one year from the date of publication (source).
How to Prove Slander in Court
Suing for slander means gathering solid evidence and legal support. Here’s how to build a strong case:
Gather Evidence:
- Audio/video recordings of the statement (if legal in your jurisdiction)
- Witness statements
- Emails, text messages, or chat logs discussing the slander
- Proof of damages (e.g., job termination notice, loss of clients, therapy bills)
Work with an Attorney:
An experienced defamation lawyer will know how to navigate complex legal standards, send cease-and-desist letters, and file court documents correctly.
Need help fast? Contact Defamation Defenders for a free consultation and legal guidance.
What Happens If You Win a Slander Lawsuit?
If successful, your compensation may include:
- Compensatory damages for financial losses and emotional distress
- Punitive damages in cases of extreme malice
- Injunctive relief, such as a court order to stop the speaker from repeating the claim
Common Defenses Against a Slander Claim
Not every hurtful statement qualifies as slander. Here are some defenses the accused might use:
- Truth: If the statement is true, there’s no case.
- Opinion: Personal views, especially when clearly stated as such, are protected.
- Consent: If you consented to the publication or statement, you can’t sue.
- Privilege: Some settings, like courtrooms or legislative debates, provide immunity.
Real-World Examples of Slander Cases
- Sherri Shepherd vs. Warner Bros. – Shepherd filed a defamation claim over allegedly false claims about her custody battle. The case spotlighted the fine line between media coverage and personal harm.
- Johnny Depp vs. Amber Heard – Though this high-profile case revolved around written statements (libel), it brought renewed attention to the broader scope of defamation law.
How Slander Affects Online Reputation
Even though slander involves spoken words, it often leads to digital footprints—podcasts, livestreams, YouTube videos, or TikTok comments. These leave lasting marks on reputations.
Protect your name with a tailored online reputation management strategy from professionals trained to monitor, suppress, and mitigate damage from slander.
Alternatives to Filing a Lawsuit
Sometimes legal action isn’t the best (or only) option. You may also consider:
- Sending a cease-and-desist letter
- Requesting a retraction
- Seeking mediation
- Leveraging content removal services
Need help with content removal? Learn how to remove negative content from the internet.
FAQ: Slander Lawsuits
Can I sue someone for slander without a lawyer?
Yes, but it’s strongly discouraged. Defamation law is complex, and hiring a skilled attorney greatly increases your chance of success.
How much does a slander lawsuit cost?
Costs vary based on the complexity and jurisdiction, but it can range from $5,000 to $50,000 or more. Some lawyers offer contingency agreements where they only get paid if you win.
What if the slander was anonymous?
Anonymous slanderers can be unmasked through subpoenas and legal discovery. Courts often compel platforms to release IP addresses or user data.
Can employers be sued for slander?
Yes. If a boss or HR representative makes a false statement that damages an employee’s reputation, the company could be liable.
Is slander a crime?
Typically, slander is a civil matter, but in rare cases, some states may allow criminal defamation charges, especially when public safety is involved.