All states except Arizona, Arkansas, Missouri, and Tennessee recognize that some categories of statements are considered to be defamatory per se, such that people making a defamation claim for these statements do not need to prove that the statement was defamatory. In the common law tradition, damages for such statements are presumed and do not have to be proven. Traditionally, these per se defamatory statements include:
* Allegations or imputations "injurious to another in their trade, business, or profession" * Allegations or imputations "of loathsome disease" (historically leprosy and sexually transmitted disease, now also including mental illness) * Allegations or imputations of "unchastity" (usually only in unmarried people and sometimes only in women) * Allegations or imputations of criminal activity (sometimes only crimes of moral turpitude)
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All states except Arizona, Arkansas, Missouri, and Tennessee recognize that some categories of statements are considered to be defamatory per se, such that people making a defamation claim for these statements do not need to prove that the statement was defamatory. In the common law tradition, damages for such statements are presumed and do not have to be proven. Traditionally, these per se defamatory statements include:
* Allegations or imputations "injurious to another in their trade, business, or profession"
* Allegations or imputations "of loathsome disease" (historically leprosy and sexually transmitted disease, now also including mental illness)
* Allegations or imputations of "unchastity" (usually only in unmarried people and sometimes only in women)
* Allegations or imputations of criminal activity (sometimes only crimes of moral turpitude)