Am I in trouble for defamation/harassment?

[Grimmr74]

What is the name of your state (only U.S. law)? Arizona

Where to start? I made a blog post in 2005. The post was:
"sorry newheart for not checking back since i wrote this. feel free to write me at *$#$%#@hotmail.com with any direct questions. i have experienced the direct results from being under him as a young man for 3 years of my life but also by dating his daughter i was able to keep a level head that in the end let me see that the feelings i was feeling were not my own, but being ingrained by his repetitive sermons on not being good enough and to always be ready for war"

What they have said: Last week I was contacted by a person whose family member belongs to my former church. They asked me to tell them what happened to me and if there was anything I could tell them to help their family member to get out. I wrote them back about my personal experience and to offer help I told them they could either join the church or they could pray and wait for their family member to see the light.

What the other party has said? Today I received a phone call to my work from a current member of the church asking me to meet up her and another member regarding my post. When I asked her why she wanted to talk about my post she told me I need to take it down as it was considered defamation of the pastor's character, was being used in harassment towards him, and he felt that the post staying up would further put his life in danger. I told her since it was my personal experience, I did not feel like it needed to be taken down. She then proceeded to tell me that she would file with her attorney to get this taken down. I asked her what statute i was in violation of and she said ARS 13-2921. She then asked me in a matter of factly way if I would like these papers delivered to my work or to my parents house (where i lived when i attended this church). She also mentions that the people that were using my blog post to harass the pastor were the kind of people I should worry about with a young wife and new son. at this point I felt she was trying to intimidate me so I told her I would speak to my mentor and get back to her.

So now I would like some help to make sure I have nothing to worry about. My emails only were about my personal experiences and I never told them to go against the pastor himself, as it would just push their family member closer to him. Any help will be appreciated.

 

[TigerD]

Why is it your problem that someone else is harassing this guy?

DC

 

[Grimmr74]

Why is it your problem that someone else is harassing this guy?

DC

They are saying my original blog post is being used as "ammunition" against the pastor. Am I at fault for posting that I've had a bad experience and I am willing to tell anyone who asks?

Also when quincy gets here, he mentioned in another thread that there is a year statute in Arizonna. Is my blog post covered because it was posted in 2005, or because it is on the internet is that not "protected".

 

[davew128]

When you used colorful language to tell them what they can do with their request, how did they react?

 

[Grimmr74]

When you used colorful language to tell them what they can do with their request, how did they react?

Colorful language?

 

[quincy]

I think dave was referring to the way you blocked out your name in the hotmail address.

If you made the blog post in 2005, it would not generally be possible to use the blog post as the basis for a defamation suit. Anything defamatory published in 2005 would be past the statute of limitations for filing in all states in the country (with a few rarely-used "discovery rule" exceptions available in some states*).

So, you would probably be protected from a defamation suit over your blog post with a Statute of Limitations defense, even if someone were to run across your blog now and communicate what you wrote to others, or even if others are responding to your blog post now (again with some exceptions*). People repeating what you wrote or responding to your blog now would be the ones liable for any defamatory statements made, even though you were the original author of any defamatory statements made in the blog itself.

However, the fact that the blog was posted in 2005 does not necessarily prevent someone from filing suit against you over the blog post anyway. Anyone can sue anyone else for pretty much any reason at all. People can file even meritless suits. They just don't get very far with them.

What concerns me most about what you have posted above is not the blog post from 2005 but rather what you may have said to others, in emails or on the phone or in person, within the last year. If you talked to others about your blog and your experience with the pastor, these statements could lead to a suit, even if you were merely replying to questions asked by others who recently read your 2005 blog.

Truth based on your personal experience or opinion based on your personal experience could be used as a defense to a suit, should a complaint be filed and the SOL cannot be used. Of course, whether any defense defeats any action really depends on exactly what was communicated and how well you can support what you said.

As for the harassment, it is possible for the pastor to try to use ARS 13-2921 against you - again, whether this could be successful or not would depend on all of the facts. If the harassment complaint is based only on the fact that you posted about your experience in 2005 and others are harassing him as a result, you are not responsible for the actions of others.

*For a greater explanation of the exceptions I noted above and whether they would or could apply in your situation, and for a better indication of where you may stand should threats to file an harassment complaint or file a defamation suit be carried out, you should consult with an attorney in your area. Go over all of the facts with this attorney and let the attorney review any emails you sent and let the attorney review your blog post.

As for whether you need to worry, any time someone threatens to file a complaint, there is always some cause for worry.

Good luck.

 

[davew128]

Colorful language?

Profanity. Questioning their parentage. Remarking on their same sex preference. Stuff that would go over really well with people in a church.

 

[quincy]

Hmmm. I was reading this more as a cult-type situation (although, admittedly, there seems to be implied sexual undertones). . . .and I did not see any "colorful" language.