Can I sue for defamation? It may depend on who said it.

In civil litigation, I get calls from people who believe they’ve been defamed—by a coworker, a journalist, or someone online. We walk through the elements: Was it a false fact? Did they know or have reason to know it was false? Was there actual harm? Is it more like an opinion or political speech?

But here’s one they never expect:
If a federal employee defamed you—even if it cost you your job—can you sue?

The answer is no. Not even with a strong case.

In Brown v. United States, Case No. 25-2222-KHV (D. Kan. June 10, 2025), a federal employee allegedly made false statements that got the plaintiff’s security clearance revoked and led to over $100,000 in lost wages. But because the statements came from a government employee acting within the scope of her duties, the claim was barred.

Key takeaway: The federal government is immune—even from egregious accusations. The Federal Tort Claims Act specifically excludes defamation.