Slander in Music Lyrics

[crazyitalian1988]

My younger brother recently got into a "band" in which they "rapped" about a student in his school. It started innocent and playful, but soon escalated into more harsh words. The people involved used extremely graphic, explicit, and vulgar language about this student as well as other students in his school. After a successful crowd following, they produced a CD and SOLD it to 16 students to turn a profit. Even more shocking is that the CD contains a lyric packet in the inside cover. Obviously this material would be just cause for suspension or expulsion as they attent a private school, but I would like to know if this could be taken to court. The students range from ages 15-16 and have no previous record. If you could please respond as to whether or not this is slander or libel as well as to what legal implications it has. I greatly appreciate your time and knowledge and await your reply.

[aaron]

It is difficult to say whether it would be defamation, at least in the sense of what would support a legal action. Assuming the allegations to be false, there is still the question of whether anybody would have believed them, or whether the victim suffered any damages (which is a necessary element of a standard defamation action in most jurisdictions). The law of defamation varies by state.

[crazyitalian1988]

Would emotional distress hold up as damages?

[aaron]

Possibly.