Defamation

In Tennessee, defamation is a civil tort that addresses false statements harming an individual's reputation. It includes libel (written or published forms, such as emails, social media posts, or news articles) and slander (spoken forms, like verbal accusations). Plaintiffs must prove the claim's elements by a preponderance of the evidence, guided by common law and First Amendment protections. Tennessee does not recognize presumed damages, even for defamation per se (e.g., accusations of criminal conduct or professional misconduct); actual harm must be demonstrated in all cases.
 

Key Elements of a Defamation Claim

Tennessee courts require proof of these five elements:

1. Publication: The defendant shared the statement with at least one third party (other than the plaintiff), via any medium, including digital platforms. Self-publication under duress does not qualify.

2. Falsity: The statement must be factually false. Truth serves as a complete defense; the claim fails if the statement's substantial truth or "gist" is accurate. Pure opinions are protected unless they imply verifiable false facts.

3. Fault: Culpability varies by plaintiff's status:

   • Private individuals: Negligence, i.e., failure to use reasonable care in verifying the statement.

   • Public figures or officials (e.g., celebrities, politicians, or those involved in public issues): Actual malice, defined as knowledge of falsity or reckless disregard for the truth.

4. Defamatory Nature: The statement must tend to harm the plaintiff's reputation, subjecting them to disdain, ridicule, or professional detriment. Courts assess if the words are reasonably defamatory as a matter of law; juries determine community perception. Rhetorical hyperbole or exaggeration typically does not qualify.

5. Damages: Actual, provable injury is required, such as reputational harm, emotional distress, lost business opportunities, or financial losses. Evidence like testimony or economic analyses supports this. Punitive damages are possible with actual malice but require compensatory damages first.
    

Statute of Limitations

• Slander: Six months from the date of the spoken statement; no discovery rule applies.

• Libel: One year from when the plaintiff knew or should have known of the publication; the discovery rule may extend this for concealed or online content.
   

Claims are limited to living plaintiffs; wrongful death actions do not apply to defamation.
 

Common Defenses

Defendants may assert:

• Truth: Substantiated accuracy defeats the claim.

• Opinion or Protected Speech: Statements of pure opinion or those on matters of public concern under the First Amendment.

• Privilege: Absolute (e.g., judicial proceedings) or qualified (e.g., fair reports of public records or good-faith references).

• Tennessee Public Participation Act (TPPA): Allows expedited dismissal of meritless suits aimed at chilling speech on public issues (e.g., government affairs), with potential fee recovery for prevailing defendants.
   

Immediate Steps After Discovering a Defamatory Statement

• Preserve Evidence: Screenshot or archive the statement, including timestamps, URLs, and context. Retain related communications and witness accounts.

• Document Harm: Track immediate impacts, such as lost opportunities or emotional effects, with journals, receipts, or professional notes.

• Avoid Escalation: Refrain from responding publicly or confronting the defendant, as this could complicate publication or fault elements.

• Seek Legal Advice Promptly: Consult an attorney early due to short timelines, especially for slander.
   

Building and Pursuing a Claim
 

At The Evans Law Firm, our defamation attorneys evaluate cases to identify viable paths and counter defenses effectively:

• Verify Elements: Conduct thorough fact-finding, including digital forensics for online claims, to confirm falsity and publication while assessing fault based on your status.

• Gather Supporting Evidence: Subpoena records (e.g., social media metadata) and secure affidavits from third parties to demonstrate defamatory meaning and actual damages.

• Address Defenses Proactively: Challenge truth assertions with documentation; distinguish facts from opinions through context analysis.

• Navigate TPPA Risks: File strategically to avoid anti-SLAPP motions, emphasizing non-public speech or clear harm.

• Pursue Resolution: Many cases settle via negotiation or mediation; if litigation proceeds in circuit court, we present jury-friendly narratives supported by expert testimony on reputational impact.
   

If you believe you've been defamed or face a defamation claim, contact The Evans Law Firm for a free case evaluation.