Economopoulos v. A.G. Pollard Company

Supreme Judicial Court of Massachusetts · 1914 · Torts

105 N.E. 896 (Mass. 1914)

Updated July 23, 2026

TortsDefamationSlanderPublicationthird-party communicationheard by othersunderstood by othersdirected verdict

Facts

The plaintiff relied on two spoken statements that he claimed were defamatory. One statement was spoken by Carrier to the plaintiff in English, and there was no evidence that anyone other than the plaintiff was present or could hear it. The other statement was spoken by Míralos in Greek in the presence of others, but there was no evidence that anyone other than the plaintiff could understand Greek. The court assumed without deciding that the statements might have been accusations of larceny.

Issue

Whether the plaintiff presented evidence of publication sufficient to support a slander claim where one statement was spoken only to the plaintiff and the other, though spoken in the presence of others, was in a language there was no evidence anyone but the plaintiff understood.

Rule

For slander, there is no publication unless the defamatory words are communicated to and heard or understood by someone other than the plaintiff. Words that cannot be heard by anyone else, or that are not shown to be understood by anyone else, are not published.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

At a grocery in Toledo, store supervisor Nina Brooks leaned close to customer Omar Haddad and quietly said, "You stole from us last week." The aisle was empty, and the only evidence at trial showed no one else was within earshot.

If Omar sues for slander, which is the strongest argument for the defendant on the element of publication?

Explanation. Publication is a necessary element of slander. Under the governing rule, defamatory spoken words are not published unless they are communicated to and heard or understood by someone other than the plaintiff. Because the only evidence shows Nina's words could not have been heard by anyone except Omar, publication is lacking.