As everyone generally understands, people living in the United States enjoy the right of freedom of speech. However, the right to speak freely is not unlimited. Individuals do not have the right to defame, slander or libel another person with their speech.

Defamation is false and unprivileged spoken words or written publication, which exposes any living person to hatred, contempt, ridicule, or which causes him/her to be shunned or avoided, or which has a tendency to injure him/her in his/her trade or occupation.

Slander and libel are two forms of defamation. Slander is a spoken defamation and libel is the written form. However, radio and television broadcasts that are defamatory are considered to be libel, rather than slander, even though the defamation is spoken rather than written.

Ohio law allows for a person who believes he or she has been libeled defamed or slandered to sue the individuals who engaged in that conduct.

Ohio courts assume that any defamation is harmful. The person making the complaint does not have to prove harm, damage to reputation or loss of income. Any one of these types of statements is considered defamatory in Ohio: accusing someone of having committed a criminal offense; saying that someone has a loathsome disease; accusing her of a matter incompatible with her business, trade, office or profession; or accusing someone of serious sexual misconduct.

If you are accused of defaming someone, you need an experienced Ohio Criminal Defense Attorney.  There are different defenses I may use.

  • Truth – the fact that the statement is true is an absolute, and perhaps obvious, defense to defamation. If, after either printing or saying something about someone, you can prove that what has been said is truthful there will be no liability for defamation.
  • Opinion – I will  prove that what was said was merely opinion -a valid defense to an allegation of libel or slander. The difference is best defined as whether or not the statement was given to be ‘fact’ or merely an individual’s viewpoint. It also depends on the perception of the people who hear or read the statements: if the person making the statement is likely to be in a position to ‘know’ whether the statement is actually true or not, it is more likely that the statement will be perceived as fact.
  • Fair Comment – A defense that is available to people who have expressed an opinion in relation to a matter of public interest. For example, if the national media has accused a high-profile celebrity of having an extra-marital affair it will not be defamatory to say that you think that it is true.
  • Dissemination – Sometimes, information can be transmitted innocently and without the defendant’s knowledge. It is a defense to defamation if the person who passed on the statement was oblivious to its contents.

The Bottom Line:   If someone is claiming you slandered them, I can help.  Put my number in your phone: 513-260-2099