Final answer:
Spoken language defamation, or slander, is when false spoken statements damage someone's reputation. Certain types of speech, like defamation, are not protected under freedom of expression. Slander can be the basis for a civil lawsuit if it is proven to be false, harmful, and made with actual malice.
Step-by-step explanation:
Spoken language defamation, commonly known as slander, occurs when false statements are spoken that damage a person's reputation. Unlike libel, which concerns written defamation, slander involves temporary (often verbal) communication.
The right to freedom of expression does not protect defamation of character, and both libel and slander can be grounds for a lawsuit if the defamed party can prove the statements were false, harmful, and made without regard for their truthfulness, a concept known as 'actual malice.' While criminal prosecutions for defamation are rare, individuals can pursue civil action if they suffer reputation damage or economic loss because of such statements.
The First Amendment provides broad protection for speech, but it does not protect defamatory statements that can cause loss of reputation and income. News media must navigate the complex legal landscape; they can publish negative information but must avoid falsehoods that constitute defamation. This safeguard is essential for protecting individuals from harm resulting from untruthful speech while maintaining the critical function of freedom of expression in democratic societies.
When facing potential slander, the affected party must demonstrate the falsity of the statements and show actual malice or negligence by the speaker. Public figures have a higher burden of proof compared to private individuals, as they must show that the speaker acted with 'actual malice' - knowing the statement was false or with reckless disregard for its truth.