Sacramento Defamation Attorney

Defamation can be a difficult claim to prove. Not only does a plaintiff need to prove each element of the claim, but they also have to contend with a variety of defenses, including those contemplated by the First Amendment. If you believe you have been defamed, you should contact a Sacramento defamation attorney.

Defined generally, defamation occurs when the defendant publishes a false statement of fact about the plaintiff to a third party, causing the plaintiff damages. Ordinary insults or trash talking are not defamatory. The statement must be something that can be proven true or false. "Publishing" a statement may mean writing it down and distributing it, but for defamation, publication occurs any time the defamatory statement is shared with and understood by another third person.

Defamation falls into two categories: libel and slander. Libel is defamation in a more permanent medium, such as through writing. Slander is defamation in a less permanent medium, such as through the spoken word.

Bringing a defamation case can be fraught with peril. California, along with other jurisdictions, has enacted an Anti-SLAPP statute. "SLAPP" is an acronym short for "Strategic Lawsuit Against Public Participation." The crux of an Anti-SLAPP statute is that it allows someone defending a defamation case (or other types of cases) to quickly dispose of a case if the conduct complained of is protected First Amendment activity. Not only that, but such statutes often require the plaintiff to pay the defendant's attorney fees if the defendant is successful on an Anti-SLAPP motion.

If you believe you have been defamed, or if someone is suing you for defamation, you should reach out to a Sacramento defamation attorney like our firm as soon as possible.