Patterns of Harm: An Analysis of Gender and Defamation

Data from 278 defamation cases citing immorality & harm to business activity during 2 decades in the US marked by feminist activity (1897-1906 & 1967-1976) reveal that women won nearly 66% of immorality cases, but, in contrast to men, lost 80% of cases involving professional defamation. Women's damages were 20%-50% of men's, suggesting that women's private reputation is less valuable than men's public honor & reinforcing women's traditional place as stewards of private virtue. The 70 years separating the first set of cases from the second had little effect on success rates. The courts have reinforced the socially constructed emphasis of private virtue for women instead of acting with gender neutrality. 6 Tables. E. Munson