# Question about slander (U.S. legal system) **URL:** \ **Category:** Factual Questions\ **Created:** [September 21, 2021, 12:57am UTC](https://boards.straightdope.com/t/question-about-slander-u-s-legal-system/951033 "2021-09-21T00:57:24Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![Southern\_Yankee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/southern_yankee/32/2800_2.png) [@Southern\_Yankee](https://boards.straightdope.com/u/Southern_Yankee)\ **Post date:** [September 21, 2021, 12:57am UTC](https://boards.straightdope.com/t/question-about-slander-u-s-legal-system/951033/1 "2021-09-21T00:57:24Z")
Hypothetical situation. Let’s say there’s a town hall-style meeting with candidates for an election where the public were allowed to ask questions. If someone asked one of the candidates “Is it true that the rumors of you being a pedophile are unfounded?” Could that be considered slander? ---
**Author:** ![Dr.Strangelove](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dr.strangelove/32/6613_2.png) [@Dr.Strangelove](https://boards.straightdope.com/u/Dr.Strangelove)\ **Post date:** [September 21, 2021, 3:17am UTC](https://boards.straightdope.com/t/question-about-slander-u-s-legal-system/951033/2 "2021-09-21T03:17:12Z")
I don’t have a direct answer, but the tort of false light seems relevant here: > **[False light](https://en.wikipedia.org/wiki/False_light)** > > Pages for logged out editors learn more > > In US law, false light is a tort concerning privacy that is similar to the tort of defamation. The privacy laws in the United States include a non-public person's right to protection from publicity that creates an untrue or misleading impression about them. That right is balanced against the First Amendment right of free speech. > False light differs from defamation primarily in being intended "to protect the plaintiff's mental or emotional well-be... It mentions these elements, which largely apply to your hypothetical: - A publication by the defendant about the plaintiff; - made with actual malice (very similar to that type required by New York Times v. Sullivan in “Defamation” cases); - which places the Plaintiff in a false light; - and that would be highly offensive (i.e., embarrassing to reasonable persons).[2] ---
**Author:** ![markn\_1](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@markn\_1](https://boards.straightdope.com/u/markn_1)\ **Post date:** [September 21, 2021, 4:22am UTC](https://boards.straightdope.com/t/question-about-slander-u-s-legal-system/951033/3 "2021-09-21T04:22:41Z")
Would verbally asking someone a question be considered a “publication”? ---
**Author:** ![Southern\_Yankee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/southern_yankee/32/2800_2.png) [@Southern\_Yankee](https://boards.straightdope.com/u/Southern_Yankee)\ **Post date:** [September 21, 2021, 9:26am UTC](https://boards.straightdope.com/t/question-about-slander-u-s-legal-system/951033/4 "2021-09-21T09:26:13Z")
That’s good information. Would a politician be considered a “non-public” person? ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [September 21, 2021, 3:49pm UTC](https://boards.straightdope.com/t/question-about-slander-u-s-legal-system/951033/5 "2021-09-21T15:49:39Z")
I am assuming in the context of the question that there really are no rumors about the candidate and pedophilia, just that the questioner is falsely stating that there are such rumors to make the public think that there is a possibility of the candidate being a pedophile. So, yes, I think almost certainly it is slander and malicious at that if the facts are as I have assumed. ---
**Author:** ![Southern\_Yankee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/southern_yankee/32/2800_2.png) [@Southern\_Yankee](https://boards.straightdope.com/u/Southern_Yankee)\ **Post date:** [September 21, 2021, 4:15pm UTC](https://boards.straightdope.com/t/question-about-slander-u-s-legal-system/951033/6 "2021-09-21T16:15:30Z")
Yes, your assumptions are correct. But what constitutes a valid rumor? If a guy next to me at the bar says, “I heard so-and-so was a pedophile,” does that constitute a rumor? How could that be proven? ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [September 21, 2021, 4:18pm UTC](https://boards.straightdope.com/t/question-about-slander-u-s-legal-system/951033/7 "2021-09-21T16:18:12Z")
Witnesses. Recordings. The same way you would prove that the guy hit you or committed other crimes, legal or civil.