What You Need To Know About Defamation

Currently there are over 30 million blogs on the internet and thousands more being created each week

. Assuming ownership of one blog per person, that's a minimum of 30 million people slinging around their personal opinions on all that exists under the sun. This is a good thing. The free exchange of thoughts and ideas is what prevents the world from becoming a stagnant pool of dictatorship with the appropriate green scum floating on top.

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However, to steal a line from the movie Spiderman, With great power comes great responsibility'. Blogging has become a way for the voice of the people to be heard. We must be careful, though, not to abuse our power through thoughtless acts that hurt the credibility of bloggers and blogging. One place that continues to be our Achilles heel is when good posts go bad.

In the United States, libel and slander are the two categories of defamation. In many states, courts have begun treating them the same as the only difference between the two is that libel is a false written statement about a person, place or thing that harms his/her/its reputation while slander is the verbal act of the same offense. Whether blogged on the internet or whispered offline to your mother, the common denominator is that what is said is false.

Since I'm psychic, I already know what you are thinking. The First Amendment of the US Constitution protects me. As long as it is the truth, I can say whatever I want.' Well, sort of. As crazy as it sounds, truth is not the silver bullet defense for every case of libel or slander. A judge may require that besides being true the information relayed is in the public interest to know.

So reporting that the CEO of a major corporation had been caught pilfering money from the employees' retirement fund would probably get dismissed from civil court whereas telling the world that your neighbor has smelly feet could get you into more trouble than you want. Even if it were true, why would it be in the public interest to know that your neighbor's feet could clear out Yankee Stadium?

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Now, the First Amendment does protect your right to an opinion. If you think that the Mr. Squiggly Toddler Toy is a piece of crap, you are certainly free to tell anyone within earshot as long as you make it clear that it is your opinion on the subject. Likewise, if a person puts forth a negative sentiment with regards to their experience with you and it is clear to any reasonable person that it is their opinion, your legal recourse against them is severely limited.

What You Need To Know About Defamation

By: Justin Brown

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