How to Survive a Motion to Dismiss in a New Hampshire Defamation Case: Slander vs. Libel Explained
By Attorney Joseph Kelly Levasseur | Manchester, NH      josephkellylevasseur.com

Defamation lawsuits in New Hampshire can be stressful, whether you're the plaintiff seeking to protect your reputation or the defendant facing potential dismissal. Understanding the key differences between slander (spoken defamation) and libel (written or published defamation), along with what it takes to survive a motion to dismiss, is essential.

Slander vs. Libel in NH: The Basics

• Libel: Applies to false written statements, social media posts, emails, online reviews, or published articles that harm your reputation. Because it's permanent and widely distributable, courts often view it as more damaging.
   
• Slander: Involves spoken false statements, such as verbal accusations in conversations, meetings, or public settings. Proving slander can be harder due to the lack of a tangible record.
   

In both cases, New Hampshire follows common-law elements of defamation:

1. A false statement of fact (not opinion) concerning the plaintiff.
2. Publication to a third party.
3. Fault — at least negligence for private figures; actual malice (knowledge of falsity or reckless disregard) for public figures.
4. Harm to reputation, with per se categories (e.g., accusing someone of a crime, professional harm, or loathsome disease) where damages may be presumed.
    

    

Note: NH has a criminal defamation statute (NH RSA 644:11), but civil cases are far more common. 

Surviving a Motion to Dismiss in NH Courts

New Hampshire courts evaluate motions to dismiss by assuming the plaintiff's factual allegations are true and determining if they state a viable legal claim. Dismissal is common if statements are:

• Pure opinion (e.g., "He's a bad person" vs. "He committed fraud").
• Not defamatory on their face.
• Protected by privilege (absolute or qualified).
• Lacking actual malice when required.
   

Tips to Strengthen Your Case and Survive Dismissal:

• Plead with specificity: Clearly identify the exact defamatory statements, who made them, when/where published, and how they harmed you. Vague complaints often fail.
   
• Gather evidence early: For libel, preserve screenshots, URLs, or publications. For slander, secure witnesses or recordings.
• Address fault standard: If you're a public figure or the matter is public concern, allege facts showing actual malice.
• Anticipate opinion defenses: Courts frequently dismiss cases where statements are rhetorical or opinion-based, especially in political or public discourse.
   
• Consider amendments: If a motion is filed, you may get a chance to amend your complaint with more details.

NH does not have a broad anti-SLAPP statute, so early motions to dismiss rely on traditional Rule 12 standards, though First Amendment protections are strongly enforced. 

Protect Your Rights in New Hampshire

Whether defending against baseless claims or pursuing justice for reputational harm on platforms like X (Twitter), websites, or in person, prompt action matters. Statutes of limitations apply (typically 3 years for defamation in NH).

Attorney Joseph Kelly Levasseur represents clients across New Hampshire in defamation, slander, libel, and related civil litigation. With over 20 years of experience, we fight aggressively for fair outcomes in Manchester and beyond.