While the United States Constitution's first amendment protects free speech, it does not apply in the case of defamation. Defamation is the act of making false statements that cause harm—for example, to a person's finances, career, health, or reputation. Making defamatory claims is a legal offense punishable under personal injury law. Here's a closer look at what types of speech are protected and when you should seek help from a personal injury attorney.

What Does the First Amendment Cover?

The First Amendment protects true statements. If a person is accused of defamation, but the claims they made are proven to be true—no matter how damaging—they're protected by the First Amendment.

Personal opinions are also protected. The Supreme Court has ruled that an opinion is protected under the First Amendment if it involves a matter of public concern, is expressed in a way that makes it difficult to prove whether it's true or false, or can't reasonably be interpreted as factual.

How Are Defamation Cases Proven?

A defamation lawsuit must meet five criteria. First, a statement was made, either verbally or in writing. Second, that statement was made in a way that it could be heard or read by another person. 

Third, the statement can't be true—again, true statements aren't defamatory even if they're damaging. Fourth, a person or entity was injured by that statement. Finally, the statement can't have been privileged information, such as doctor-patient or lawyer-client conversations.

What Are the Possible Damages?

A personal injury attorney can request three types of damages in a defamation case. Actual damages refer to monetary damages—for example, if someone made defamatory claims about your business and you lost money as a result. 

Then, there are assumed damages—the amount the court can determine the affected individual lost because of damage to their reputation or character. Punitive damages include added compensation that can be awarded if the defendant acted maliciously.

If you believe that you have a defamation case against someone, contact The Finkelstein Law Firm of Goshen, NY. These personal injury attorneys have served the Hudson Valley area for over 20 years. They handle a wide range of cases, from defamation to dog bite injuries. Visit their website to learn more about their personal injury services, or call (845) 294-9003 to arrange a consultation.