Libel and slander are both forms of Defamation. Libel is written defamation, and slander is spoken defamation. The basis for an action for defamation, whether it be slander or libel, is that the defamation has resulted in an injury to the person's character and reputation.

To establish a Prima Facie case of defamation in Tennessee, the plaintiff must establish that 1) a party published a statement, 2) with knowledge that the statement was false and defaming to the other, or 3) with reckless disregard for the truth of the statement or negligence in failing to ascertain the truth of the statement.

Since a statement must be factually false in order to be actionable, comments upon or characterizations of published facts are not in themselves actionable. If the published facts being commented on are true and nondefamatory, the writer's comments upon them are not actionable, even though they are stated in strong or abusive terms.

A statement of opinion is actionable only if it implies the allegation of undisclosed defamatory facts as the basis for the opinion. Conversely, where there is no false representation of fact, one may not recover in actions for defamation merely upon the expression of an opinion which is based upon disclosed, nondefamatory facts, no matter how derogatory it may be.

"Publication" is a term of art meaning the communication of defamatory matter to a third person.

Damages from false or inaccurate statements can no longer be presumed; actual damage must be sustained and proven in all defamation cases.

The type of statements you describe certainly could rise to the level of defamation. However, defamation cases are some of the most complicated and hard to win. You need to take advantage of the free initial consultations that most plaintiff's attorneys provide and have someone evaluate your potential case and the collection ability of any judgment you could obtain. A good civil case consists of 1) a cause of action (which you seem to have)... 2) damages (which you must determine some way to measure your financial damage)... and 3) a solvent defendant who can pay the judgment.

Feel free to reply.

Good luck.

________________________

I am not your attorney. Therefore no attorney-client relationship exists and any communications on this website are not subject to the attorney-Client Privilege. For this reason, please do not divulge any personal information and use this site only for hypothetical questions. This forum is for general questions and answers and I cannot provide you with applicable law or legal opinions or advice in your jurisdiction. Please seek the advice of a competent attorney in your jurisdiction. While I can answer general questions and discuss general legal principles, I cannot give you legal advice in your state. The internet is a great place to get general information but should not be seen as a substitute for the attorney-client relationship or the services of a good lawyer in your state.