Publication: A communicating of that statement to a person other than P (a “publication”);

Fault: Fault on the part of D, amounting to at least negligence if D is a media defendant, and either knowledge of falsity or reckless disregard of the truth if P is a “public official” or “public figure”;

Special harm: In the case of certain types of slander, “special harm,” i.e., harm of a pecuniary nature.

Constitution: Some of the above rules are imposed by the U.S. Constitution. Most importantly, Supreme Court decisions interpreting the First Amendment are the source of the rule that where P is a public figure or public official, he must show that D acted with either knowledge of the statement’s falsity or reckless disregard of whether it was true or false.