Tag Archives: Defamation

Chink in Armor of Communications Decency Act?

Former Cincinnati Bengals cheerleader Sarah Jones won her defamation lawsuit against the gossip website TheDirty.com on Thursday in federal court, winning an award of $338,000. Whether she will ever collect any money is a different issue, but some see the … Continue reading

Reporting a Fact is Never Defamatory

It is never defamation to report a fact, even if that fact is that a person was charged with a crime they did not commit. I understand why callers sometimes don’t understand this distinction. The completely innocent caller was falsely … Continue reading

It’s Not Defamation if No One Knows it’s You

As the old saying goes, if a tree falls in the forest and no one is there to hear it, does it make a sound?* In the context of defamation law, the saying could be, “if no one knows it’s … Continue reading

Court Finds that Statement about Cause of Suicide is an Opinion

An interesting defamation case out of New York, involving the world of music and illustrating the burden of proof. As explained here on various occasions,  truth is a defense (a point sadly lost on many defense attorneys). Thus, the burden of … Continue reading

Judge Orders Man to Apologize to Ex-Wife on Facebook

Clients sometimes ask me to seek a letter of apology as part of a defamation settlement. I have managed to do so on a number of occasions, but I usually recommend a letter of retraction as opposed to a letter … Continue reading

Gloating Over $5,000 Settlement Costs Parents $234,011.87

Some callers to my office, wanting to sue for defamation because someone said terrible, false and hurtful things about them, are disappointed to learn that they cannot seek legal action because the speech falls under a privilege. By definition, “privileged” … Continue reading

How to Fight Back Against Online Defamation

Always striving not to reinvent the wheel, I keep my eyes open for articles that do a good job of explaining basic legal concepts.  In that regard, I receive many calls from prospective clients who don’t yet know the fundamentals of … Continue reading