1st Amendment and Free Speech/1at amendment/slander

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Expert: - 3/8/2005


Question
I have a roommate who has been accused by women on more than one occasion of raping them. If I call him a raper while around the house, is this slander? In your opinion am I protected by the 1st amendment?

Answer
Hi Ali,

First off, I cannot provide specific legal advice here.  Local laws and court rulings can affect how a particular case might be decided differently in different places.  For a legal opinion, you would need to consult an attorney in your area.  However, I am happy to talk about the issue of slander and the First Amendment in general terms.

Slander is not protected by the First Amendment, and calling someone a rapist certainly is defamatory.  If it is true, that would be a defense however.  Of course, it would only be slander if someone else hears it.  If you only communicate it to him and no one else overhears, that would not meet the definition of slander since his reputation was not defamed.

Legal issues aside, if he has been accused, it is likely a sensitive issue for him.  You are probably more likely to get a punch in the face than a slander suit.  But you know him better than I do.

- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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