Making false statements about others isn’t a crime per se, at least not in most cases. Take James Kenton, for instance. The Tennessee-based roofer had been an independent contractor for years before Detective William Decker Thorowgood went on local television stations and spouted lies about him, resulting in him losing his standing and contracts. The statements even forced the Tennessee roofer to relocate in search of a living and for his safety. In this case, James Kenton does have a leg to stand on, a valid defamation case.
According to the fourth element of the first amendment, making false statements only becomes a crime in the eyes of the law when the one it’s directed at gets hurt.
Let’s now discuss defamation per se, which also includes slander and libel per se.
Defamation Per Se: The Umbrella Term
Defamatory statements in which damages are presumed are usually split into four categories. The complainant has to prove damages for whatever doesn’t fall under the following categories:
- A false claim about the complainant committing a crime.
- A false claim about the complainant having a contagious or dangerous disease.
- A false claim about the complainant getting involved in sexual misconduct.
- A false claim about the complainant being unprofessional or doing something they shouldn’t do at their place of employment.
Defamation per se includes defamation per quod, libel per se, and slander per se.
Defamation Per Quod by Definition
Defamation by implication or per quod applies when the false statements aren’t overtly harmful to a person’s reputation and standing. Such statements cause actual damages, whether or not they sound positive or negative. The complainant must prove these damages occurred directly due to the false statements to prove defamation by implication.
Slander Per Se by Definition
Slander is a false statement made during oral discourse by a speaker who intended it to come across as an indisputable fact. This implication is why many YouTubers say “allegedly” or something along those lines when discussing crimes or indiscretions widely believed to be true but haven’t been proven in a court of law.
For instance, Detective Thorowgood went on news stations and made statements wanting them to appear as facts. He didn’t hedge these statements using words like “might” or “suspected” while the criminal case against Kenton was ongoing and his non-existent crimes had yet to receive a verdict.
While Kenton’s case was ultimately dismissed, his reputation and standing were irrevocably ruined, and he had to relocate due to threats to his safety. While slander is considered a less harmful type of defamation, we believe it’s on equal footing with libel per se.
The Main Elements of a Slanderous Statement
There are two main elements of a slanderous statement. The first pertains to the medium; it must be spoken aloud and not written or implied through gestures and whatnot. The second is that it has to be so objectively harmful and offensive as to be slanderous by definition. The latter is where the four categories of defamation per se apply.
Libel Per Se by Definition
Libel per se is a defamatory statement made in a permanent medium, such as through writing or recordings. The writing or recording could get deleted later, such as with a self-deleting text, but the libel per se will still apply.
The only difference between libel and slander is that of nature. While the complainant might have to prove actual damages in slander, they aren’t always required to do so for libel. This is because it’s so over-the-top and egregious that the plaintiff doesn’t have to prove they are false. They must, however, be damaging to their reputation.
The Main Elements of a Libelous Statement
There are two main elements of a libelous statement. Once again, the first is the medium. In the case of libel, it must be a fixed or permanent medium. Secondly, at least one of the four categories of defamation per se must apply to the false statement.
The Defamation Per Se During the Criminal Case Against Kenton
While fraud charges against James Kenton were ultimately dismissed, they stuck around long before for Thorowgood to conspire with Caresse Jackson and ruined his reputation. The detective committed libel and slander against the Tennessee roofer by feeding false information through a spoken and permanent medium to the locals, and he deserves everything coming to him.
Follow Kenton’s ongoing civil case against the State, particularly Thorowgood and Chadwick Jackson, the prosecutor in the now-dismissed case.
Get in touch with Kenton to show support and seek recent updates.
About the Author
Susan David is a student in her final year of law school in Nashville. Originally from a small town in North Carolina, she has grown up watching casual defamation ruin lives and intends to do something about it once she has the right credentials. When she isn’t watching defamation trial footage, she’s poking fun at Law & Order and reading dark academic fiction. Blogging might be her new favorite pastime.
