Map of States With Criminal Laws Against Defamation

Twenty-four states have laws that make it a crime to publicly say mean things about people, with penalties ranging from fines to imprisonment. These laws violate the First Amendment and are disproportionately used against people who criticize public officials or government employees. The ACLU has filed a lawsuit challenging the law in New Hampshire.

Freedom of speech doesn’t give anyone the absolute right to spread malicious lies about people, but civil lawsuits are fully capable of addressing the harms caused by defamation. Criminal defamation laws have no place in a democracy. Several states have already repealed these unconstitutional laws, and the remaining ones that still have them on the books should follow suit.

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Alabama

Currently has criminal defamation law

Arkansas

Criminal defamation law repealed

Colorado

Criminal defamation law repealed

Florida

Currently has criminal defamation law

Georgia

Criminal defamation law repealed

Repealed in 2015

Idaho

Currently has criminal defamation law

Illinois

Currently has criminal defamation law

Kansas

Currently has criminal defamation law

Kentucky

Currently has criminal defamation law

Louisiana

Currently has criminal defamation law

Maryland

Criminal defamation law repealed

Massachusetts

Currently has criminal defamation law

Michigan

Currently has criminal defamation law

Minnesota

Currently has criminal defamation law

Mississippi

Currently has criminal defamation law

Montana

Currently has criminal defamation law

Nevada

Currently has criminal defamation law

New Hampshire

Currently has criminal defamation law

New Mexico

Currently has criminal defamation law

North Carolina

Currently has criminal defamation law

North Dakota

Currently has criminal defamation law

Oklahoma

Currently has criminal defamation law

Rhode Island

Criminal defamation law repealed

Repealed in 2014

South Carolina

Currently has criminal defamation law

South Dakota

Currently has criminal defamation law

Utah

Currently has criminal defamation law

Virginia

Currently has criminal defamation law

Washington State

Criminal defamation law repealed

Wisconsin

Currently has criminal defamation law

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