If you have been defamed through libel (written statements) or slander (oral statements), you may be able to receive compensation and clear your name through civil litigation. Before you do initiate a lawsuit, you will benefit from reading about these famous cases and the aspects that made them successful (or not).

Jesse Ventura,  Loss of Reputation and Work

It is necessary to show that the defendant knowingly told lies about you that were made public, and that these defamatory statements cost you self-employment work or your job.

To illustrate how these elements come together in  successfully, recently former Governor Jesse Ventura sued Chris Kyle for both libel and slander due his writing that Ventura made some inflammatory statements in a bar where some former Navy Seals were gathered and afterwards, he punched Ventura. His name was not used in Kyle's book, but Kyle said in a radio interview that it was Ventura. The former governor claimed the event never happened and that Kyle was benefiting from this lie.

Although Kyle was murdered before the civil trial, Ventura won a total of $1.8 million against the estate because he could show that his reputation was damaged, and that he lost work opportunities due to Kyle's claims. He is now suing the Harper Collins for unjustly profiting from this story.

Robin Williams and Implied Harm

There are cases where harm is assumed and doesn't need to be proven. These involve saying untruthfully that someone has a venereal disease, they were engaged in criminal activity, or something harmful was implied about their business or profession. A lawsuit can also be filed if a person's activities would likely harm someone's reputation.

Robin Williams sued a look-alike performer named Michael Clayton, and his agent, for misrepresenting Williams and booking charity shows as though he was the star. Williams won because it was self-evident that this would cause harm to his reputation, and it cheated the charities that paid the fees.

Both men were barred from using William's name, image, or likeness.

Ariel Sharon, Public Figures, Malice, Ridicule, and Hyperbole

In a case before the Supreme Court in 1964, New York Times v. Sullivan,it was decided that if a defamation case is about an elected official or public figure, malice would have to be proven.  This is to make sure free speech is not shut down when the person's activities have a bearing on public interests.

When Time Magazine printed false allegations about Ariel Sharon's conduct relating to refugee camp massacres, Sharon sued but lost because the court felt "actual malice" was not proven.  In the Ventura case mentioned earlier, proving  malice was also a necessary factor.

It is interesting to note that when Sandra Fluke testified before congress about contraception, Rush Limbaugh publicly denigrated her and said she was a "prostitute." There were some people who thought she should sue him for defamation but she did not. However, if she had, she would have lost because most people listening realized Limbaugh's use of the term was hyperbole and not meant to be taken literally.  If you do something that causes you to be in the public spotlight, your public actions are fair game for ridicule.

To Sum it Up...

Defamation can occur orally or in print through television, pod-casts, radio, social media, and in print. You need to prove that your reputation was damaged, you lost work or employment, or that you suffered other harm. You also need to prove that the person or entity knowingly lied, and if you are a public figure or your actions are public, then you would have to prove malice. For more information, contact local law firms (such as Kevin Alexander Law).