Defamation, Libel & Free Speech Defense

Defamation, Libel & Free Speech Defense Practice Group – DiTommaso Lubin, P.C.

For over 40 years, the trial lawyers at DiTommaso Lubin, P.C. have represented businesses, professionals, media companies, internet influencers, and consumers in defamation, libel, slander, false light, commercial disparagement, and cyber smear matters. We defend clients in state and federal courts across Illinois and beyond, and when appropriate we also bring affirmative defamation claims to repair reputations that have been unfairly damaged.

In today’s world, where a single tweet, post, podcast episode, or online review can reach millions, being accused of libel or slander can feel overwhelming. Our Defamation, Libel & Free Speech Defense Practice Group focuses on protecting reputations while safeguarding the constitutional right to speak about matters of public concern.

Who We Represent

Our defamation and libel practice is deliberately broad. We have represented:

• Businesses of all sizes, from closely held family companies to national brands, accused of defamation or product disparagement.
• Professionals, including doctors, lawyers, accountants, and executives whose careers depend on their reputations.
• News organizations, journalists, and other media entities facing traditional print or broadcast defamation claims as well as online-media claims.
• Internet influencers, YouTubers, podcasters, bloggers, and social‑media creators whose commentary or criticism has been challenged as defamatory.
• Consumers, whistleblowers, and online reviewers sued over posts on Yelp, Google, Facebook, and other platforms.
• High‑profile and public figures, including athletes and other prominent individuals, in cutting‑edge libel matters that attracted substantial media attention.

Decades of Experience and Cutting-Edge Libel Cases

Our defamation lawyers have decades of experience prosecuting and defending libel and slander cases, including numerous high‑stakes matters involving large financial exposure and intense publicity. We have:

• Defended clients in federal and state defamation suits arising from online reviews and campaigns.
• Pursued substantial libel‑per‑se claims on behalf of individuals and businesses whose reputations were seriously damaged by false statements.
• Handled cases involving high‑profile clients and sensitive allegations, including claims against well‑known businesspeople, professionals, and public figures.
• Litigated novel issues at the intersection of defamation, the internet, and the First Amendment, including anonymous speech and cyber smear.

Our lawyers have prevailed on motions to dismiss and at the summary‑judgment stage in defamation cases, including using defenses such as substantial truth, innocent construction, opinion, and various privileges. Where necessary, we also pursue or defend appeals to preserve favorable rulings or challenge improper trial‑court decisions.

Insurance Coverage for Defamation Defense Costs

One of the most overlooked aspects of a defamation lawsuit is insurance coverage. Many individuals and businesses already have coverage for defamation, libel, or slander claims under homeowners, umbrella, commercial general liability, professional liability, or media‑liability policies.

Our firm routinely:

• Reviews existing insurance policies for potential libel, slander, and personal‑injury coverage.
• Tenders claims to insurers and presses for the broadest possible duty to defend.
• Helps clients secure independent counsel of their choice, rather than simply accepting insurer‑selected “panel counsel,” where conflicts or high stakes exist.
• Litigates coverage disputes when insurers refuse to pay defense costs or to honor their indemnity obligations.

In multiple cases, we have persuaded insurers to fund our clients’ defenses and pay settlements after initially denying coverage, including in matters involving homeowners and business policies. We understand both the defamation issues and the insurance‑coverage arguments that can make the difference between funding your own defense and having your carrier pay for it.

Our Defamation and Libel Defense Toolbox

Because defamation law is complex and highly fact‑specific, effective defense requires a full range of strategies. Our practice group regularly relies on:

• Litigation privilege and pre‑litigation privilege defenses for statements made in the course of or in anticipation of lawsuits and official proceedings.
• Fair reporting privilege defenses for journalists, bloggers, and commentators who fairly and accurately report on governmental or official proceedings.
• Substantial truth and the innocent‑construction rule, which can defeat liability even where a statement is not perfectly accurate if the “gist” or “sting” is true or reasonably capable of a non‑defamatory reading.
• State and federal constitutional defenses under the First Amendment and corresponding state constitutional provisions, including actual‑malice requirements for public officials and public figures, opinion and rhetorical‑hyperbole doctrines, protections for speech on matters of public concern, and “defamation‑proof plaintiff” arguments where appropriate.
• Anti‑SLAPP statutory protections that allow early dismissal of meritless suits aimed at punishing or chilling speech, including Illinois’s evolving anti‑SLAPP framework and its recent expansion of protections for public‑interest reporting and commentary.
• Procedural and jurisdictional defenses, including lack of personal jurisdiction, improper venue, and early dispositive motions such as motions to dismiss and motions for summary judgment.

Co-Counseling and Opposing Top Media-Defense Firms

Our lawyers have worked as co‑counsel with some of the leading libel and media‑defense firms in the country and have litigated against many of the same firms and lawyers who have handled some of the largest defamation cases ever brought in the United States, including the widely publicized defamation suits against Fox News arising from coverage of the 2020 election. This experience gives us valuable insight into how national media‑defense teams approach high‑profile libel cases.

Media Commentary and Thought Leadership

Peter S. Lubin and the firm’s defamation team are regularly asked to comment on significant libel and First Amendment cases. Mr. Lubin has been quoted in national and regional media coverage of major defamation suits, including suits against Fox News by voting‑technology companies, and has appeared in video interviews discussing First Amendment and cyber‑bullying issues. Our lawyers frequently publish articles and blog posts analyzing developments in defamation law, internet speech, and anti‑SLAPP protections.

Why Clients Choose Our Defamation, Libel & Free Speech Defense Team

Clients turn to DiTommaso Lubin’s Defamation, Libel & Free Speech Defense Practice Group because we offer:

• Over four decades of courtroom experience in complex civil litigation, including defamation, business, and class‑action cases.
• Deep knowledge of defamation, libel, slander, and related privacy and business‑tort claims, including internet‑based and social‑media disputes.
• A proven track record of early victories through motions to dismiss, summary judgment, and anti‑SLAPP motions, as well as successful appeals.
• Practical experience securing insurance coverage and having carriers pay defense costs and settlements where coverage exists.
• The ability to represent both defendants and, when warranted, plaintiffs in defamation matters, giving us a complete view of the strategies used on both sides.

Talk With Our Defamation, Libel & Free Speech Defense Practice Group

If you, your business, or your media or internet platform has been threatened with or sued for defamation or libel, or if you need help enforcing your own reputation rights, our team is ready to help.

Contact attorney Peter S. Lubin or attorney James V. DiTommaso for a free consultation about your defamation or libel matter and any available insurance coverage to fund your defense.

Call 630-333-0333 or reach us through our online contact form.

This page is for informational purposes only and does not constitute legal advice. Contacting us does not create an attorney–client relationship. Past results do not guarantee a similar outcome.