Expert: Michael Troy - 1/7/2004

Question
I don't know if this would be your area, but in Illinois, can someone be arrested for slander?

Thank You!

Answer
Hi Bob,

I'm not really an expert on Illinois law so I can't give you a definitive answer.

I could not find any criminal statutes relating to slander.  The Illinois code is online here if you care to look:

http://www.legis.state.il.us/legislation/ilcs/ilcs3.asp?ActID=1876&ChapAct=720 I...

In any event, many states still have criminal defamation laws on the books, but their constitutionality is suspect. The Supreme Court has criticized such laws and has said that actual malice must be found before an action can be criminal.  Actual malice requires that the speaker either know the statement was false, or acted with complete disregard of the truth or falsity of the statement.

Most state laws are much older than the Supreme Court decision and do not meet those requirements.  Therefore, those statutes would likely be found unconstitutional.

I can only think of two criminal defamation cases brought in the last few years.  One was in Utah, where the statute was found unconstitutional.  Another was in Kansas where the case is still being litigated.  The reality is that even if there is a law on the books, I probably has not been enforced for decades and is likely unconstitutional anyway.  That said, for a true authoritative legal opinion, you would need to discuss the problem with an attorney licensed to practice in Illinois and more familiar with State law.

Most libel/slander/defamation actions are brought as civil suits against the person.  That is the more common way of dealing with such activities these days.

I hope this helps!
- Mike