Fact vs. Opinion: Setting the Record Straight
The most misunderstood concept in defamation law is the distinction between fact and opinion and its relation to liability. Most people (very smart ones included) mistakenly believe that only facts are actionable as defamation. But in California opinions are actionable as well if they can ". . . reasonably be understood as declaring or implying actual facts … [Read more...] about Fact vs. Opinion: Setting the Record Straight
Internet Defamation Gets Noticed
Too many bloggers are unaware of the dangers they face when they write a new post or comment on another blog. For reasons I've discussed before, bloggers mistakenly believe that all speech is protected by the First Amendment, when in fact several forms of speech are not, including defamation as an example. This is why I'm glad that Seth Godin posted "Don't Get … [Read more...] about Internet Defamation Gets Noticed
Decriminalizing Defamation: Part II
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
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