Slander Laws In Kansas – All You Need To Know

Defamation Demand Letters Slander Laws In Kansas – All You Need To Know

Slander Laws in Kansas Explained

In all US states, defamation can result in financial consequences for the offender. Any false statement that causes financial, reputational, physical, or emotional harm to another individual can be classified as defamatory. In order to begin a defamation case, you need to establish which of the two types of defamation have been levied against you — slander or libel. Slander occurs when the defamation is spoken and harmful, while libel occurs when those harmful statements are in writing or an otherwise permanent format.

To prevent further harm once defamatory statements have been made, it is wise to send a “cease and desist” letter, telling the individual that you will continue with legal action if they keep making statements. Below, you will find all of the information you need for pursuing a defamation lawsuit in the state of Kansas.

How Is Defamation Defined Exactly?

To sue for defamation in Kansas, it is of utmost importance to determine the extent of the defamation and its form. There are several characteristics that classify a statement as defamatory, as outlined below:

Slander or libel?

  • Slander and libel are the two classifications of defamation in Kansas state law.
    • Libel claims must include statements that are permanent. This means they can be in the form of a broadcast, article, letter, email, blog post, etc.
    • Slander claims do not require a permanent record of any kind. Slanderous claims, therefore, can be as simple as a form of speech or gesture
  • In proving a case of defamation, this is the first step that you must take. Then, you can continue by sending a cease and desist letter to the offender.

Speech that does not count as defamation

Defamation is a complicated subject, and it is far more difficult to prove a case than it may seem at first. Here are several limitations on defamation that may disqualify your case:

Expressions of free speech

  • Under US law, the First Amendment protects all individuals against defamatory statements that cause harm to their character. However, the First Amendment also protects the right to free speech creating a grey area that makes defamation difficult.
  • While defamation is not illegal in its capacitation, it is established moral protection that prevents falsehoods known as defamation.
  • If someone else’s exertion of free speech has caused you financial, reputational, or personal harm, then you can sue for defamation.

False light clause

  • A false light claim occurs when a statement is made that appears to be a statement of fact but is actually false.
  • The false light clause protects an individual against these kinds of statements when they cause emotional or mental harm to the person being defamed, as opposed to reputational or financial harm.


  • This is a protection of financial and economic interest for the defamed individual. Its protections extend to the individuals' patents and products as well.
  • In general, the disparagement clause is used to protect business interests, as opposed to the personal interests protected under defamation.

Online Defamation in the State of Kansas

In the state of Kansas, defamation is a harmful and false statement of fact, disclosed to a third party without the consent of the individual or business referenced in any statements. Libel is considered as written or graphic defamation while slander is seen to be auditory or spoken defamation.

According to Kansas law, criminal defamation includes:

  1. Communicating to a person through word of mouth, in writing, or by any other means, information;
    • Knowing the information to be fake and with actual malice
    • To expose another living person to public hatred, contempt, or ridicule
    • To deprive such person of the benefits of public confidence and social acceptance
    • To degrade and vilify the memory of one who is dead and to scandalize or provoke surviving relatives and friends
  2. Criminal defamation is a class A nonperson misdemeanor
  3. The truth of the information communicated is eligible to be admitted as evidence
  4. The Statute of Limitations in the State of Kansas
  5. The Statute of Limitations in Kansas is 1 year maximum, from the time that the original statement was made — private figures must prove negligence, public figures have to file a case for defamation of character

Suing for Defamation of Character in Kansas

In Kansas, local law states that the elements of a defamation claim are: 

  1. A false statement - An undoubtedly false statement was made about the plaintiff.
  2. An unprivileged publication - A publication that was not permitted on or through a third party.
  3. A fault - The fault on behalf of the defendant equaled negligence.
  4. Damages - The publication caused damages and incurred serious harm.

Defamation per se in Kansas

In Kansas, certain damages are so egregious that they are always considered to be defamatory and are considered to have incurred serious harm:

Causing harm to a business Making false accusations against a business or owner, causing significant losses
Accusing someone of sexual promiscuity or having a contractible diseaseAccusing an individual of having or transmitting a sexually transmitted disease
Accusing a person or business of being criminal Accusing a person or business of engaging in criminal activity causing irreparable harm to their image and/or reputation

Cease and Desist Letter: Drawbacks and Benefits

You can choose to send a cease and desist letter as a precursor to a defamation lawsuit. If the person who made defamatory claims apologizes, provides compensation, and/or retracts the defamatory statements, you probably don't need to go to court.

Your letter should include the defamatory claims, why they are defamatory under Kansas law, and what you will do if your demands are not met. You can choose to write one on your own, find a template online, or hire a lawyer to write one for you. Note that lawyers are pretty expensive and online templates can be a hit or miss.

DoNotPay is a better option!

Draft a Cease and Desist Letter in Minutes!

DoNotPay is a convenient solution! The cease and desist letter DoNotPay drafts will include information about the situation, demand retraction, warns against future statements, and will request that the accused abides by Kansas state statutes. All you need to do is:

1. Look for the Defamation Demand Letters product on DoNotPay.

2. Tell us about your situation

    • Were the statements slander or libel?
    • What were the statements?
    • Why are they false or misleading?
    • What consequences have you suffered as a result of these statements?

3. Based on your location, DoNotPay will immediately generate a formal demand letter on your behalf, with the most relevant state legislation regarding defamation.

That’s it! You can expect a precisely drafted cease and desist letter to your cause with the inclusion of Kansas-specific legislation, in an instant! 

What Else Can DoNotPay Do?

Here’s a list of legal-related matters DoNotPay assists with:

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