Defamation is intentionally false communication that harms a person’s reputation. In written form, defamation is called libel; in spoken form, it’s slander. Defamation isn’t just ineffective verbal communication; it can result in legal charges against the person who commits it. But whether such charges will stick depends largely on whether the target of the defamation is a public figure (politician, celebrity, famous athlete) or a private citizen. For public figures, the legal system counts criticism as “free speech.” To have defamation charges upheld, public figures must demonstrate that those who made the statements acted with malice and knew that their claims were false.

In cases involving private citizens, such as gossip or online rumors, legal action is more likely. Private citizens don’t have the same access as public figures to media outlets that can counter defamatory statements; they also don’t open themselves up to criticism by being a public figure. Consequently, private citizens’ rights to protect their reputations outweigh free-speech rights to criticize and defame.

What does this mean in practical terms? When communicating with others—especially online (which is permanent) or in a speech (which is public)—don’t write or say anything that could harm a private citizen’s reputation. For example, blogging about a coworker engaging in sexual harassment, or giving a speech in which you denounce a local businessman as racist, may result in someone filing a lawsuit against you. Although you have free-speech rights to (fairly) criticize public figures, you do not have the right to publicly assail private citizens in ways that damage their reputations. When it comes to verbal communication, the old adage is true: if you don’t have something nice to say about someone, don’t say anything at all.