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Debbie Ferguson Debbie Ferguson

What Is Defamation?

A close up of old books on a shelf with Latin titles in gold foil.
A close up of old books on a shelf with Latin titles in gold foil.

Defamation is a term that is thrown around in the media a lot, but what does it really mean? Defamation is a public statement that damages another person's reputation. Sometimes called "defamation of character," when someone believes that a false statement has hurt their character or the public’s perception of them, that person can sue the person stating the falsehoods. While there is some confusion about how statements can impact one's First Amendment rights and how that impacts another person's reputation, the simplest way to think about it is this: while a person has the right to speak the truth, the keyword is "truth"; no person has the right to make false statements about another person. Further, First Amendment rights mean that a governmental body cannot prosecute you for what you say; it doesn't mean that someone else can't take actions regarding your statements. If you have questions regarding a potential defamation case, contact your attorney through our Legal Protection Subscription Plans for Families & Individuals and read on for a brief overview of defamation.

After you bring a defamation lawsuit, you will need to prove all of the following:

  • A person made a statement about you

  • The statement was disseminated and/or published in public

  • The statement damaged your reputation

  • The statement was false

  • The person who made the statement did not have the right to do so

The frequency of defamation cases has increased with the ready availability of publishing tools afforded by the Internet and social media sites. It is always important to remember that posting something on a social media site is like taking out a full page ad in the newspaper a couple of decades ago. Additionally, you are responsible for everything you say on these platforms; oversharing - and not paying attention to audience settings - can lead to legal issues. What you say online is treated the same way as traditional forms of publication and media.

Both slander and libel are forms of defamation. Defamatory comments that are only spoken (such as in a TV interview) is considered slander, while remarks that are published - including on social media - is libel.

The laws concerning defamation vary from state to state and can be complex, so it is always best to consult with an attorney if you are the victim of or have been accused of defamation, slander, or libel. You can get all your legal questions answered by our dedicated, experienced network of attorneys for one low, monthly fee when you sign up for our Legal Protection Subscription Plans for Individuals & Families. Sign up today!

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Debbie Ferguson Debbie Ferguson

2023 Travel Tips

A man in a beige coat walks down a hallway with windows on one side, carrying two suitcases
A man in a beige coat walks down a hallway with windows on one side, carrying two suitcases

The recent problems at airports across the country may have you wondering what your options are if your flights are canceled or delayed or if you run into other problems while traveling. Your attorney through our Legal Protection Subscription Plans for Individuals & Families will be able to give you legal advice for your specific situation for no additional cost. Learn more about all the benefits of membership and read on for a few basic travel tips for the coming year.

If Your Trip Is Canceled

Cancellations usually have to be caused by an event or a third party in order for you to have a legal case. There are some cases where you have legal standing if you have to cancel your trip, such as an illness, death or injury to a close family member, civil unrest, or military employment, to name a few. If you need to cancel your trip and you're having trouble getting a refund from the airline, your attorney may be able to give you advice and assistance.

If Your Flight Is Delayed

Delays longer than four hours may require that the airline reimburse you. You can be reimbursed for expenses such as lodging, meals, and other transportation caused by the delay. Delays caused by severe weather, maintenance, or other reasons may also be covered, so check with your provider attorney for advice about your specific situation.

Lost Luggage

Your suitcases and other luggage must be missing for a certain amount of time before it is considered lost. Make sure that you know what that amount of time is, and, if your luggage does become officially lost, you can be reimbursed for the value of the contents up to a certain amount.

Keep A List Of What You Packed

Making a list of everything of value that is packed into your suitcases or other luggage will help if your belongings are lost. If you pack items of value (such as cameras, jewelry, tablets, phones, etc), you may reach the upper limit of airline reimbursement. It's important to make wise choices regarding what you decide to pack.

Don't let the worries of potential issues keep you from enjoying travel this year. By preparing for the kinds of scenarios we're seeing across the country, you can still travel and enjoy your trip knowing that all your legal bases are covered if your flights are delayed or canceled or if your luggage gets lost. Learn more about all the benefits of membership or sign up now!

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