Defamation and Online Harassment Laws in Nebraska

Defamation in Nebraska comes mainly from common law developed by the courts, within limits set by the First Amendment. The Nebraska Supreme Court lists four elements: a false and defamatory statement about the plaintiff, an unprivileged publication to a third party, fault amounting to at least negligence, and either a statement actionable without proof of special harm or actual special harm. Libel covers written or printed statements and slander covers spoken ones, and statutes in Chapter 25 add rules on truth, retractions and filing deadlines.

Sources1Palmtag v. Republican Party of Neb., 315 Neb. 679 (2024)2Choice Homes v. Donner, 311 Neb. 835 (2022)3Neb. Rev. Stat. § 25-2084Neb. Rev. Stat. § 25-8405Neb. Rev. Stat. § 25-840.01

Defamation in Nebraska is pursued as a civil lawsuit for damages. The index of Nebraska's criminal code (Chapter 28) lists no libel or slander offense, and Nebraska does not appear in the 2016 Committee to Protect Journalists list of states with criminal defamation laws.

Sources6Nebraska Revised Statutes, Chapter 28 (Crimes and Punishments) index7Committee to Protect Journalists, Criminal Defamation Laws in North America (2016)

A lawsuit for libel or slander must be filed within one year. Nebraska courts have held that the clock generally starts on the date the statement was published, meaning communicated to someone other than the person it is about.

Source3Neb. Rev. Stat. § 25-208

Related guide: Statute of limitations for defamation in every state

Nebraska recognizes defamation per se for words so harmful in themselves that damage is presumed, such as falsely accusing someone of a crime involving moral turpitude, of having an infectious disease, or of being unfit for their office or job, or words that hurt someone in their trade or profession. For per se statements, a plaintiff does not have to plead and prove special damages, including in cases brought by public figures. Statements that need outside explanation to be harmful are defamation per quod, which requires proof of special damages.

Source1Palmtag v. Republican Party of Neb., 315 Neb. 679 (2024)

Related guide: What defamation per se means

Nebraska's anti-SLAPP law is narrow. It covers only damages suits brought by someone who applied for or holds a permit, zoning change, license, lease or similar government approval, when the suit is materially related to the defendant's efforts to report on, comment on, challenge or oppose that application. In those cases the court must hear a motion to dismiss promptly, the plaintiff must show the claim has a substantial legal basis and must prove by clear and convincing evidence that any statement at issue was made knowing it was false or with reckless disregard for the truth, and the defendant can seek attorney fees and costs if the suit lacked a substantial basis, plus other damages if it was brought to harass or punish protected activity. Most defamation suits fall outside this law.

Sources8Neb. Rev. Stat. § 25-21,2429Neb. Rev. Stat. § 25-21,24310Neb. Rev. Stat. § 25-21,24411Neb. Rev. Stat. § 25-21,24512Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Nebraska

Related guide: Anti-SLAPP laws by state

In a lawsuit over a libel, or over a false-light invasion of privacy, published in any medium, the plaintiff can recover only special damages (proven losses to property, business, trade, profession or occupation) unless they requested a correction and none was published. The request must be sent to each defendant by certified or registered mail within 20 days of learning of the publication, and a correction must run within three weeks, about as prominently as the original. This limit does not apply if the plaintiff proves the publication was prompted by actual malice.

Sources5Neb. Rev. Stat. § 25-840.0113Neb. Rev. Stat. § 20-204

By statute, truth is a complete defense unless the plaintiff proves the statement was published with actual malice. Statements of opinion and rhetorical hyperbole are protected, and courts look at the full context to decide whether a statement implies a provably false fact. Statements made in the course of judicial or quasi-judicial proceedings are absolutely privileged if they relate to the proceeding. Public officials and public figures suing over speech on matters of public concern must prove actual malice, meaning knowledge of falsity or reckless disregard for the truth, by clear and convincing evidence.

Sources4Neb. Rev. Stat. § 25-8402Choice Homes v. Donner, 311 Neb. 835 (2022)14Elbert v. Young, 312 Neb. 58 (2022)1Palmtag v. Republican Party of Neb., 315 Neb. 679 (2024)

Nebraska's stalking law makes it a crime to willfully harass someone, or a member of their family or household, with intent to injure, terrify, threaten or intimidate them. Harassment means a knowing and willful course of conduct aimed at a specific person that seriously terrifies, threatens or intimidates them and serves no legitimate purpose, and the course of conduct can include repeatedly telephoning, contacting or otherwise communicating with the person. Under the current version of the penalty statute (operative July 18, 2026), stalking is a Class IIIA felony.

Sources15Neb. Rev. Stat. § 28-311.0216Neb. Rev. Stat. § 28-311.0317Neb. Rev. Stat. § 28-311.04

Related guide: Cyberstalking laws explained

It is a crime to call someone or send an electronic communication directly to them with intent to intimidate, threaten or harass, if the message uses obscene language, threatens physical or mental injury to a person or damage to property, or tries to extort money or something of value. Electronic communication includes any writing, sound, image or data sent by an electronic device. The offense is a Class III misdemeanor.

Source18Neb. Rev. Stat. § 28-1310

Related guide: Online harassment laws explained

It is a crime to knowingly share or publish an image or video of someone's intimate area, or of them engaged in sexually explicit conduct, when they reasonably expected it to stay private, did not consent and the sharing serves no legitimate purpose; a first offense is a Class I misdemeanor and a repeat offense is a Class IV felony. Threatening to share such images to intimidate, threaten or harass is a Class I misdemeanor. Separately, Nebraska's Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act lets an identifiable person sue over the disclosure or threatened disclosure of a private intimate image, including one created by computer generation or digital manipulation without consent, and a court may award damages (or presumed damages of up to $10,000 per defendant when actual harm is hard to measure), the defendant's profits, attorney fees and an injunction.

Sources19Neb. Rev. Stat. § 28-311.0820Neb. Rev. Stat. § 25-350121Neb. Rev. Stat. § 25-350222Neb. Rev. Stat. § 25-350323Neb. Rev. Stat. § 25-3505