The Law Offices of Edward Harrington Heyburn, PC

Libel and slander are terms used by the public interchangeably but have different meanings.  They both fall under the action we call defamation.  Libel is when someone defames another in writing while slander is when someone defames you in spoken word.  “At the heart of every action for libel or defamation is the threshold issue of whether the language used is reasonably susceptible of a defamatory meaning. It is well established that that question is one of law to be resolved by the court. Herrmann v. Newark Morning Ledger Co., 48 N.J. Super. 420, 429-30 (App.Div. 1958). Likewise, the critical issue in this case — whether the letter in question amounted to a statement of fact or an expression of opinion — is a question of law for the court. Rinaldi v. Holt, Rinehart & Winston, 42 N.Y.2d 369, 380, 366 N.E.2d 1299, 1306, 397 N.Y.S.2d 943, 950, cert. den., 434 U.S. 969, 98 S.Ct. 514, 54 L.Ed.2d 456 (1977). As a preliminary matter we therefore emphasize that the summary judgment procedure is particularly well suited to this sensitive area of First Amendment Law.” Kotlikoff v. The Community News, 89 N.J. 62 (1982). 

Many times these issues arise in the workplace.  For instance if your employer falsely accuses you of stealing money and tells your co-workers you stole money that would be slander.  If they put the same comments in writing, it would be libel.  If your employer said “in their opinion,” you are a thief, this would not be defamation.  It is merely their opinion.  If you have questions about defamation, please call me to discuss your rights and options.

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