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by gone on April 19th, 2007

gone

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Can a blogger be charged with libel or slander?

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  • by leetmeat on June 15th, 2007

    leetmeat

    Despite what people would tell you to believe, the first amendment covers your right to say whatever the hell you want, Period. Libel and slander cases are almost always LOST by the person bringing them forth. The first amendment is usually invoked and it pretty much destroys the libel or slander case. The standard of proving libel/slander is very very high. If I said something that was 100% untrue about your personal life online, and your boss saw it and fired you, you still couldn't win that case in court.
    You have to prove the statement was indeed untrue. If it was something about your sex life, that involves parading all of your former and present sexual partners. Then you have to prove that I intended to somehow damage you with the comment. Posting in a public place like the internet doesn't prove that. Sending a written memo to your boss would. If you need evidence of how hard it is to win a libel or slander case, look at tabloids. They print whatever they hell they want about celebrities and such, and you know what, nobody bothers fighting it because they can't. The standards are so high, it's near impossible.

    People need to stop being afraid of these ridiculous laws and making up stuff about them and how serious they are and realize that they have the big fat 1st amendment protecting whatever they want to say.

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    • Thanks for your answer. I think it'd be like spitting in the wind while pulling in lawyer fees and court costs. +

      gone

      by gone on June 15th, 2007

    • I hope to God you didn't take this guy's advice. Read this article:

      I know top talks about a UK case, but read the bottom and you will see another where a US blogger was forced to pay $18.28 million in libel damages.

      http://www.dba-oracle.com/oracle_news/2006_7_31_blogger_libel_win.htm

      Plenty of bloggers have been taken to court for libel and some have lost while others won. Even if you win, you are still forced to go to court and hire a lawyer.

      Secondly, the guy above is completely wrong about the plaintiff needing to prove a statement was untrue. The plaintiff's only burden is to prove that the statement negatively impacted them. At that point, the burden of proof often is placed on the defendant. If you don't believe me, read about the New York Times vs. Sullivan. In the case you mentioned, saying something about someone's sex life doesn't require the plaintiff to bring in all their sex partners. It would require the defendant to show the statement wasn't false.

      Don't listen to people who assert the First Ammendment as a right to say whatever the hell you want. That kind of ignorance comes from people who want to think they have freedom to do whatever they want. The First Ammendment actually says we are free to say what we want, but are not free from the consequences of what we say. Don't make the mistake 99% of Americans make by forgetting the second part, which is more important.

      Kale_S

      by Kale_S on January 16th, 2011

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