US Law on Slander (Kavanaugh?) In the United States, Federal defamation law is closely tied to the First Amendment. . In short, "opinion" is NOT considered defamation in the U.S. BUT, False Statements of Fact that harm the reputation of a person or business, ARE NOT protected under Constitutional Free Speech provisions. Defamation of character accusations involving issues of slander or libel, in which the FALSE and DAMAGING statements are made in verbal form through slander, or in written form through libel. In the United States, if they are deemed to be so by the courts, they are punishable by law.