While talking to the media about all the scrutiny about her attending certain NFL games, Taylor made some remarks about “Dads, Brads, and Chads,” and we just can’t help but wonder if we’ve been defamed. But before we jump to conclusions, let’s break down the elements of defamation in Minnesota.



Elements of Defamation in Minnesota

In Minnesota, a defamation claim must establish the following three elements:

1. The defamatory statement was communicated to someone other than the plaintiff. In our case, Taylor’s comments have been broadcasted worldwide, so this condition is met.
2. The statement is false. This is where things might get a little tricky. Are Taylor’s comments about “Dads, Brads, and Chads” false? Or are they just catchy phrases? (After all, she is a great song writer!)
3. The statement tends to harm the plaintiff’s reputation and to lower the plaintiff in the estimation of the community. Has our reputation been harmed? That’s subjective and would likely require a thorough analysis.
4. 
   

Defaming a Celebrity vs. a Regular Person

It’s important to note that defamation laws differ when it comes to public figures (like celebrities) and private individuals (like us). Celebrities, due to their status in society, have a higher threshold to prove defamation. They must show that the defamatory statement was made with “actual malice” - that is, with knowledge that it was false or with reckless disregard of whether it was false or not.

On the other hand, private individuals (like Chad and me, even if we are attorneys and used to lawyer jokes) only need to prove that the defendant was negligent in failing to ascertain whether the statement was false before making it.

So, Did Taylor Swift Defame Us?

Well, that’s a question for the courts to decide. But as dads, Brads, and Chads, we can’t help but feel a little singled out. However, we also understand the power of a catchy phrase in a media soundbite. So, Taylor, if you’re reading this, let’s talk. At least we are all on a first name basis now. As pretty good dads, maybe we can settle this over some concert tickets for our kids?

Remember, this article is meant to be humorous and should not be taken as legal advice. If you believe you or your business have been defamed, please call to schedule a consultation.

Happy Birthday, Taylor!

Photo Credit: Amber Nelson Fowble