Legal Question in Civil Litigation in California

Re: When does gossip end, slander begin?

Possibly you became a suspect in the eyes of your neighbors because of your low class use of English, e.g. "talking hard smack about me."

Neighbors have the right to speculate on neighbors when a robbery has occurred. This is not slander, it is free speech.

However, you have a problem that is worth taking some time to address and correct. Learn to talk diplomatically to your neighbors and engage them in conversation, explaining your innocence. It may take a year to learn diplomacy but it will save the rest of your life in terms of problems with people.

TIP: Join TOASTMASTERS and learn to speak property. Good luck.

Re: When does gossip end, slander begin?

You seem to think that whether a statement is gossip or slander is a question of degree, but that is not the case. Slander is a false statement about someone made by someone else to a third party which damages the reputation of the subject. Ordinary gossip can be slanderous if it fits this definition.

One thing that stands out about your question is that you don't deny committing the robbery. If you did what this other man says you did, then his statements are not slanderous no matter how badly they harm your reputation.

If you are innocent then you may have a decent case, but how much damages you will be awarded will depend upon how much these statements harm your reputation. If the people who heard them did not believe what this man was saying then your damages will be minimal. If your neighbors already think you are a criminal then it probably doesn't matter whether they believe these particular charges or not, since your reputation will remain the same either way.

Then there is the question of whether this gentleman can pay an award if you win at trial. If he is broke then you will get nothing but vindication. Vindication can be an important thing and you might feel a trial is worth the effort in order to clear your name, but you won't be able to get a contingent-fee attorney to represent you and will have to pay for a lawyer. After all, 40% of your vindication won't pay a lawyer's rent.

Even if you did not commit the robbery and had a good reputation before these statements, you almost certainly cannot get a court to order him to stop saying these things. Courts very rarely restrain someone's freedom of speech. Instead, your remedy will be to sue for damages.

Re: When does gossip end, slander begin?

at this point, i would not be worrying about gossip or slander . . . you may well have a case at some point in time, but recovering against this person may be a fruitless venture. if you are truly worried, call the local police NOW and tell them. this will give you the most protection in the event of false accusations being made against you. if you offer information and to cooperate with the police, you are much less likely to be the target of any ensuing investigation.