To prevail in a defamation lawsuit, a plaintiff must prove that the defendant made a false and defamatory statement about the plaintiff that was communicated to a third party. No matter how damaging, insensitive, rude or inappropriate a statement may be, the plaintiff will lose if the statement is true.
What are the six elements of defamation under Missouri law?
In Missouri, there are six elements that need to be met; (1) publication, (2) of a defamatory statement, (3) that identifies the plaintiff, (4) that is false, (5) that is published with the requisite degree of fault, and (6) damages the plaintiff's reputation. Overcast v. Billings Mut.
Can you get someone in trouble for slander?
Sometimes, even though someone makes a defamatory statement that harms a person's reputation, the law considers freedom of expression more important. Defamation can also be a crime under the Criminal Code, but this is rarely prosecuted.
What is illegal slander?
Slander: defamation with no permanent record, such as a spoken statement or even a hand gesture.