How do defamation laws vary from state to state?

Defamation laws vary from state to state in terms of their definition, what is considered defamatory, and the available remedies. In Washington, defamation law revolves around communication that is deemed to be false and malicious and that tends to damage a person’s reputation. Washington also regards communication as defamatory if it is understood by those hearing the communication to be a statement of fact. Unlike some states, Washington allows both public and private figures to sue for libel and slander. For public figures, in addition to proving the statement was false and malicious, they must also show the defendant acted with “actual malice” in making the statement. Actual malice means that the speaker knew the statement was false or spoke with reckless disregard as to its truth or falsity. Washington allows for both civil and criminal defamation. In civil cases, those who are defamed can sue for money damages, an injunctive order stopping the actor from continuing to publish the false statements, and in some cases, punitive damages. In criminal cases, the offender may face a penalty such as a fine or jail time. In summary, defamation laws differ from state to state. In Washington, defamation is defined as communication that is considered false and malicious and damages a person’s reputation. Both public and private figures have certain rights to sue for libel and slander in civil and criminal cases. Money damages, injunctive orders, and punitive damages are available for those who are defamed.

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