When Public Insults Aren’t Legal Slander

Siovannia DeBarros is a business attorney at SL DeBarros Law Firm

Being insulted and offended in a public forum can be a painful experience yet the question of whether that communication rises to the legal standard of slander is a whole different discussion. Case in point, a county board member decided she had been defamed after another person in the meeting called her a “hateful b*tch.”

Tracy Gibson filed a lawsuit in 2020 alleging that Jan Lane used false and defamatory language against her during monthly board meetings and additionally claimed that Lane slandered her character and reputation, Richard Caines reported for the Georgetown Times in his article, “Georgetown Election Board slander lawsuit set for March trial.”

Lane denied the allegations and questioned the veracity of Gibson’s claims. Caine’s reporting discovered that Lane acted hostile towards Gibson and “in an offensive tone and voice,” shouting “shut up” and “I’m not talking to you.”

Certainly unprofessional, rude and out of order and deserving of immediate correction by the board. Is all this harassment or slander, or both?

“I am shocked that this case has not been dismissed on the merits where the only statement made, and clearly to the plaintiff, was ‘hateful b*tch.’ However, this is why it's important to understand your state and the precedence that it has set based on a particular legal issue in front of you,” says Sivonnia DeBarros, a business attorney at SL DeBarros Law Firm. “Yet, it could also mean knowing your judge, as some judges are truly afraid to make decisions for fear of being turned over by the appellate court.”

DeBarros says that normally such an insult, regardless of how offensive and assault-like it is experienced as, “is not enough to ascend to trial as a defamatory statement when shouted loudly in an argument to the other, regardless of a present audience.”

Since this particular case appears set for trial, DeBarros knows what a defense attorney would have to execute as strategy.

“A great defense attorney would also ensure that Affirmative Defenses are plead whereby it could offset any claims for liability the Plaintiff has raised,” she says. “For example, a statement is not defamatory if it is not factual and is a matter of opinion. In this case, ‘hateful b*tch,’ in the heat of an argument may not be a factual statement to others, is clearly the opinion of another who despises the Plaintiff for whatever reason, and is not enough to harm a person's reputation.”

With the case moving forward, the defense can try to protect its client through certain specific measures by raising, “a trial motion called a Motion in Limine — typically used to limit evidence — as a last effort to limit the Plaintiff's ability to introduce any evidence or make statements based on the defamatory claim,” she says.

This can be accomplished, DeBarros says, “by raising clear arguments supported by law that the statement is based on opinion and not fact and therefore, any testimony or evidence brought forth would unduly prejudice the defendant.”

Lane’s insulting communication about Gibson, in front of other people, whether a mental health issue or failed anger management, is unlikely to be legally judged as defamatory.

“Clearly, the behavior and statement is extremely unprofessional but not enough for an individual to be liable for $2 million,” DeBarros says. “I can understand how the plaintiff would feel embarrassed and so upset that she felt the need to show her (the defendant) 'once and for all,’ yet, I'm surprised an attorney took her case, and that a court didn't dismiss this matter on it's on sua sponte for lack of merit.”