In my last post I covered just a few examples of the recent "trend" of treating defamation as a crime. As you might expect, defamation is considered to be a crime in many Asian and Middle Eastern countries. It is also a crime in some European countries, like Italy, for example. What is surprising is that in some states in the U.S. defamation may be … [Read more...] about Decriminalizing Defamation: Part II
Archives for December 2008
Decriminalizing Defamation: Part I
The police arrest you. They then detain, cuff, interrogate, force you to strip down naked, and subject you to body cavity searches. Your lawyer isn't present during this entire time. So, what were you charged with? Defamation. Hard to believe a nightmarish scenario like this one could ever happen to anyone? Well, just ask Vittorio De … [Read more...] about Decriminalizing Defamation: Part I
Why You Don’t Need A Lawyer In Most Defamation Cases
Most defamation cases are simply too small for a lawyer to handle and too costly for the average plaintiff to sustain. The cost of litigation can easily exceed $50,000 and most lawyers charge by the hour and demand a significant retainer upfront. So what do you do if you've just been defamed? … [Read more...] about Why You Don’t Need A Lawyer In Most Defamation Cases
The Preliminary Injunction Is Dead
A Deputy Sheriff (Mr. Evans) sued his wife (Mrs. Evans) for defamation, harassment, and invasion of privacy among other claims. Evans v. Evans (2008) 162 Cal.App.4th 1157. He moved for a preliminary injunction. The trial court granted it and entered an order enjoining her and her mother from: (1) publishing "false and defamatory statements" … [Read more...] about The Preliminary Injunction Is Dead
Staying Out of Trouble On Your Blog
Defamation is not the only legal trap that awaits the unsuspecting blogger. There are other common pitfalls that can and should be avoided. Daniel Schwartz of the Connecticut Employment Law Blog wrote a guest post recently on Blog for Profit, entitled, "How to (Try to) Stay Out of Trouble When Blogging." The post contains useful general … [Read more...] about Staying Out of Trouble On Your Blog