Is it Defamation, Libel, Slander…
…or Freedom of Speech?

New Jersey Workers Comp Attorneys

The First Amendment guarantees the right to free speech. The government can not restrain you or prevent you from saying whatever you want. But sometimes, this invaluable right comes into conflict with the fact that careers, reputations and lives can be ruined by mere words.

Cases involving defamation, slander, libel or trade libel requires a lawyer with a nuanced, subtle understanding of constitutional and tort law. The Law Offices of Jamison M. Mark provides aggressive, analytic and thorough representation for plaintiffs and defendants. For an appointment, contact the firm online or call 888-734-8287, 201-787-9406 or 908-626-1001.

A breakdown about the law:

• Slander: spoken words about a target that are either intentionally false or recklessly false; they are accepted as true by a 3rd party, and cause damage to the target.
• Libel: same as slander, but with written words.
• Trade libel: written words that are intentionally or recklessly false, causing damage to a business or company.

Constitutional complications in defamation cases

Private citizens have a constitutional right - some might say a duty - to criticize the actions of leaders in their community, government, economy and culture. It follows that the higher one's profile, the harder it is to sue for defamation of character.

In fact, the law separates defamation into two categories: defamation against public or high profile individuals, and defamation against private individuals. To sue for defamation, a public figure must prove that the words were knowingly false and stated with malicious intent.

For a private individual to sue for defamation, they must prove the following:

• that the words were intentionally or recklessly false
• a 3rd party relied on the words; and
• that they were injured as a result.

Accusations of defamation often arise during employment law disputes.

If you are being sued for defamation, the Law Offices of Jamison M. Mark can protect your right to free speech. If someone has lied about you, Attorney Mark can help you recover compensation for any damages they may have caused. The firm's offices are located in Basking Ridge, Oradell, Jersey City and Red Bank, New Jersey.