The Variable Nature of Defamation: Social Mores and Accusations of Homosexuality

Abstract

In spite of the remarkable stability of the definition of defamation in American law, the interpretation of what, exactly, is defamatory—because it is tied to community standards—has proved quite changeable. Negative attitudes toward homosexual orientation have varied not only over time, but also among different locations and among various sizes and types of communities. Through a close examination of fifty-nine state and federal cases decided during the last 150 years, this study explores whether it has, over time and from one region of the country to another, been considered defamatory to accuse someone of being gay.