WHAT PLAINTIFFS MUST PROVE TO WIN A DEFAMATION LAWSUIT IN THE U.S.
To win a U.S. defamation lawsuit, the plaintiff, at the very least, must prove that the defendant:
Published or otherwise broadcast an unprivileged, false statement of fact about the plaintiff;
Caused material harm to the plaintiff by publishing or broadcasting said false statement of fact;
Acted either negligently or with actual malice;
FREE SPEECH V. DEFAMATION
In the United States, federal defamation law is closely tied to the First Amendment. As a result, federal slander and libel laws are more defendant-friendly in the U.S. than those in common law countries, like the U.K. and Canada. In short, opinion is not considered defamation in the U.S. That being said, false statements of fact that harm the reputation of an individual or business, aren't protected under Constitutional Free Speech provisions.