Traditionally, four types of false allegations have been considered severe enough that they constitute defamation per se:
- Claiming a person was involved in criminal activity
- Claiming that a person was unethical or incompetent in their professional conduct
- Claiming a person has some kind of contagious or loathsome disease.
- Claiming a woman is unchaste or has otherwise engaged in sexual misconduct (Yes, in an age of slut pride parades, questioning woman’s chastity is defamatory per se. Historically, this tort was only available for women, though many jurisdictions now allow it for men also)
It’s time for this list to expand. Today, there is no false accusation thrown around more freely, and with greater harm, than the claim that a person is a “racist,” “white nationalist,” or “white supremacist.” It’s time that our courts adapted accordingly. America’s courts should adopt the standard that falsely accusing someone of being a racist, or of being a white nationalist, is per se defamation.
Given profound influence of disparate impact and "civil rights" law on the foundation of the American legal system and (by extension) economy, incredible that questioning a woman's chastity is considered defamation per se, and calling someone "racist" or "white nationalist" isn't
— Darren J. Beattie 🌐 (@DarrenJBeattie) June 1, 2022