Defamation, Anti-SLAPP, and Reputation Litigation

False accusations can destroy a career, a business, or a community reputation long before anyone ever sets foot in a courtroom.

When someone crosses the line from protected speech into defamatory conduct, Oregon law provides remedies. The challenge is knowing how to pursue those remedies without getting buried by an anti-SLAPP motion or procedural traps.

This is where our practice focuses.

We represent individuals who have been falsely accused of misconduct, criminal behavior, or professional wrongdoing, and who need a lawyer that understands how defamation, anti-SLAPP law, and related intentional torts actually work in Oregon courts.

What Makes These Cases Different

Defamation cases are not like other civil cases.

They are fast, technical, and often front-loaded with dispositive motions. Defendants frequently attempt to shut cases down early by invoking Oregon’s anti-SLAPP statute, arguing that false statements are somehow “protected speech.”

Most lawyers either avoid these cases or treat them like ordinary tort claims. That is a mistake.

We approach defamation cases with the expectation that an anti-SLAPP motion is coming, and we build the case accordingly from day one.

Oregon defamation and reputation litigation exists in a constitutional tension. On one hand, Article I, Section 8 of the Oregon Constitution provides strong protection for free expression. On the other, Article I, Section 17 guarantees that the right to trial by jury shall remain inviolate.

Anti‑SLAPP is a statutory mechanism designed to reconcile those competing interests. It allows courts to screen out claims that improperly target protected speech, while preserving the jury’s role where a plaintiff can establish a prima facie case based on false factual assertions and real harm.

Anti‑SLAPP is not a substitute for the jury trial right, and it is not a license to lie. It is a procedural filter. How a case is investigated, pleaded, and supported determines whether it passes through that filter or is dismissed at the outset.

Our Focus Areas

Defamation (Libel and Slander)

We handle defamation claims involving false statements made in emails, social media posts, workplace gossip, community organizations, youth sports settings, and private conversations that damage a person’s reputation.

Common scenarios include:

• False accusations of criminal conduct

• Allegations of sexual misconduct or being “unsafe” around others

• Claims that a person abused authority or retaliated against others

• Statements that damage professional standing or community trust

Calling something an “opinion” does not automatically make it non-defamatory. Context matters, and many so-called opinions imply false facts.

Labeling a statement as an opinion does not immunize it from defamation analysis if the statement presumes the existence of false facts. In Oregon, courts focus on what facts a statement communicates to a reasonable listener, not the speaker’s choice of words.

Statements framed as opinions can still be defamatory when they imply verifiable factual conduct, such as criminal behavior, sexual misconduct, abuse of authority, or professional wrongdoing. The defamatory force lies in the presumed facts, not the disclaimer.

For example, saying “in my opinion this person is a serial killer,” a sex offender, abusive, corrupt, or unsafe presumes specific factual acts. If those presumed facts are false, the statement may be actionable regardless of phrasing.

Courts analyze context, audience, and whether the statement suggests factual knowledge. This doctrine is central to defamation liability and to whether a claim survives an anti‑SLAPP motion.

Anti-SLAPP Strategy (ORS 31.150)

Oregon’s anti-SLAPP statute is frequently misunderstood and misused. It does not provide blanket immunity for false statements, private gossip, or personal vendettas.

We regularly litigate both sides of anti-SLAPP motions and understand how courts analyze:

• Whether speech is actually protected
• Whether a claim arises from a public issue or a private dispute
• Whether the plaintiff can establish a prima facie case

Our goal is not just to survive anti-SLAPP, but to put the case in a position to move forward with leverage.

Anti‑SLAPP litigation is particularly demanding for plaintiffs. Oregon’s statute requires an early evidentiary showing, often before traditional discovery has occurred. Investigation, witness development, and corroboration must be completed quickly and largely before filing.

The one‑year statute of limitations for defamation adds pressure. A plaintiff must file promptly while also being prepared to defeat a fast‑moving dispositive motion. This creates a narrow window where speed, preparation, and precision all matter.

These cases are high‑pressure, high‑stakes, and expensive to prosecute correctly. That reality is why many lawyers avoid them and why preparation cannot be improvised after a motion is filed.

Intentional Interference with Economic and Professional Relations

Defamation rarely exists in isolation.

False statements often interfere with a person’s ability to work, volunteer, lead, coach, or maintain professional standing. Oregon law recognizes claims for intentional interference with economic and professional relations, even where there is no formal employment contract.

This includes interference with:

• Professional reputation and standing
• Ongoing or prospective business relationships
• Leadership or volunteer roles that carry reputational and career significance

Defamation itself qualifies as improper means under Oregon law and can support an interference claim when it damages professional opportunities.

Intentional Infliction of Emotional Distress

Some conduct goes beyond reputational harm.

A sustained campaign of knowingly false accusations—especially those involving children, sexual misconduct, or criminal behavior—can constitute an extraordinary transgression of the bounds of socially tolerable conduct.

When appropriate, we pursue intentional infliction of emotional distress claims alongside defamation and interference claims.

SPEED, PREPARATION, AND COST REALITIES

Defamation and reputation cases move faster than most civil litigation. Evidence must be preserved immediately. Declarations and corroboration often must be assembled before filing. Anti‑SLAPP deadlines compress timelines and force early strategic decisions.

This is not slow litigation. It rewards preparation and penalizes hesitation. Clients considering these cases should understand that success depends on early investigation, disciplined pleading, and the willingness to litigate aggressively at the outset.

How We Approach These Cases

We are deliberate and strategic.

That means:

• Building a clean factual timeline early

• Separating pleadings from evidence

• Anticipating anti-SLAPP arguments before they are filed

• Using investigator declarations and corroboration effectively

• Framing the case as a coherent course of conduct, not isolated incidents

These cases reward preparation and precision. We do not rush them, and we do not bluff.

Who This Practice Is For

This practice is designed for:

• Professionals falsely accused of misconduct

• Coaches, volunteers, or leaders accused of being “unsafe” or abusive

• Business owners harmed by false statements in their community

• Individuals targeted by personal vendettas masquerading as “concern”

If your situation involves false statements that are damaging your reputation or professional life, this is a space where early legal strategy matters.

Consultation

Not every insult or dispute is defamation. We are candid about that.

If we take your case, it’s because the facts support a legally viable claim and a clear strategy. We do not take contingency cases in this area. Representation is typically hourly or minimum flat-fee, depending on the posture of the case.

To discuss whether your situation fits this practice, contact our office to schedule a consultation.