Defamation law in Virginia and Washington, D.C. is identical in most material respects. Choice-of-law principles usually won’t make much of a difference to the outcome of a defamation case. Both Virginia and D.C. follow the general principles of defamation law that are recognized throughout the United States. There are, however, some notable differences in terms of the specific rules and legal standards that apply to defamation cases. Today’s blog post summarizes some of the key differences that might affect how you choose to present your case or where you intend to bring it.
Defamation Per Se
Virginia recognizes both defamation per se and defamation per quod. In the District of Columbia, the law in this area is less clear. Defamation per se is a type of defamation that is considered so damaging to a person’s reputation that it is automatically assumed to be defamatory, without the need for the plaintiff to prove actual damages. In Virginia, defamatory statements qualify as “per se” defamatory if they (1) impute the commission of a crime involving moral turpitude; (2) impute that the plaintiff is infected with a contagious disease which would exclude the party from society; (3) impute an unfitness to perform the duties of a job or a lack of integrity in the performance of those duties; or (4) prejudice the party in his or her profession or trade. In the District, there isn’t a lot of authority recognizing defamation per se in any situation other than one involving a false statement relating to the commission of a serious crime. (See, e.g., Raboya v. Shrybman & Assocs., 777 F. Supp. 58, 59 (D.D.C. 1991) (“In the District of Columbia, in order to be actionable as libel per se, the contents of a defamatory publication must “impute…the commission of some criminal offense for which [the Plaintiff] may be indicted and punished, if the charge involves moral turpitude and is such as will injuriously affect [the Plaintiff’s] social standing, or,…the question is whether, from the language attributed to defendant, there is something from which commission of a crime can be inferred.’”)). Thus, a plaintiff contemplating a defamation claim based on a false statement prejudicing the plaintiff in his or her profession would usually be better off bringing the claim in Virginia, where damages may be presumed. Continue reading