From: "Chris G." <knocka@xxxxxxxx>
In addition, as a general rule, expressions of opinion are usually
protected. As stated below, it it false oral statements of fact that can
give rise to a slander suit; false written statements to a libel suit.
An additional element is that the plaintiff has to show malicious
intent. If one were to make statements one believed to be factual,
but were later proved to be false (for example), it would be
difficult to show malice.
Thus,
as long as all statements are factually correct (and objectively verifialbe,
just in case a suit is started), no action for defamation will arise.
Replace "will" with "should," and I'll agree, but silly things happen
in this country.
It might be a lot of trouble to be the target of a groundless
nuisance suit, even if it were dismissed at first hearing. You'd
still have to hire a lawyer and devote time to it, and the legal fees
alone might bankrupt you. Such "SLAPP" suits (Strategic Lawsuit
Against Public Participation) have long been a tactic of companies
seeking to limit public scrutiny of their actions.
Consider that Consumers Union is being sued by car manufacturers
whose vehicles were deemed unsafe. CU apparently has access to
internal memos that said the suit would be worth the publicity, even
if it failed. Meanwhile, the legal fees could put CU under:
<http://search.npr.org/cf/cmn/cmnpd01fm.cfm?PrgDate=02/08/2000&PrgID=3>
Conceivably, CU's findings were factual to the best belief of the
testers, and therefore without malicious intent. It seems the
plaintiffs' only evidence of malice is a videotape of a roll-test
where CU employees laughed and cheered when the vehicle tipped over.
Yet, the judge did not dismiss, and let it go to trial.
This is America, where it's your constitutional right to sue anyone
for any damn silly reason you can come up with. The only way to
really protect yourself is to spend all your money on Zuikos, so you
won't be an attractive target! (Obligatory OM content... :-)
: Jan Steinman <mailto:Jan@xxxxxxxxxxxxxx>
: Bytesmiths <http://www.bytesmiths.com>
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