can satire be sued for defamation

[tranquility]

Interesting. So THAT is what a rhetorical question is, huh? (that is a rhetorical question, by the way - you don't have to answer)

Your "rough guess" after your questions threw me off. I thought you actually expected an answer or, at the very least, a rough guess.

Quite frankly, tranquility, you suck at posing rhetorical questions.

Do I??????

 

[Zigner]

Do I??????

Yep.

(Did I get that right?)

 

[calhoon]

Yea, think that answers my question. From the replies I'm that either route -- my own site versus a preexisting one -- might potentially open you up to risk.

Quick addendum question (and this one might be silly): would an LLC protect a writer in anyway? Only reason I ask is it seems like everyone I know has an LLC these days to protect their assets, and didn't if that would apply here.

 

[tranquility]

Yea, think that answers my question. From the replies I'm that either route -- my own site versus a preexisting one -- might potentially open you up to risk.

Quick addendum question (and this one might be silly): would an LLC protect a writer in anyway? Only reason I ask is it seems like everyone I know has an LLC these days to protect their assets, and didn't if that would apply here.

That is a harder question with the end result of "not really". You would be the one who commits the potential tort and the LLC will probably not shield you from direct liability. I use the qualifiers because it all depends on what you are talking about exactly. Entity organization can certainly provide some protection. But, unless you are really doing some high risk activity or talking big money, it is just not going to be worth it.

 

[tranquility]

Yep.

(Did I get that right?)

I think we have found an actual example Alanis should use if she rewrites Ironic.

 

[quincy]

Yea, think that answers my question. From the replies I'm that either route -- my own site versus a preexisting one -- might potentially open you up to risk.

Quick addendum question (and this one might be silly): would an LLC protect a writer in anyway? Only reason I ask is it seems like everyone I know has an LLC these days to protect their assets, and didn't if that would apply here.

No. If you write something defamatory, you can be sued and an LLC will not protect you.

The best way to protect yourself is to have what you write professionally reviewed prior to publication - and then have insurance enough to cover a lawsuit should what you write spawn a lawsuit anyway.

Good luck, calhoon.

 

[calhoon]

Okay, think that answers my question. I'll make it easy and just won't do it.

Thanks again everyone for taking the time to respond.

 

[tranquility]

No. If you write something defamatory, you can be sued and an LLC will not protect you.

The best way to protect yourself is to have what you write professionally reviewed prior to publication - and then have insurance enough to cover a lawsuit should what you write spawn a lawsuit anyway.

Good luck, calhoon.

While it would probably not protect "you", there can be an arraignment of entities that allows use of resources but could protect a successfully planned scheme unless a ton of litigation. To say an LLC will not protect you, may or may not be theoretically right. It is not realistically right.

I spent an hour of billable time to determine the flow of income to a client's LLCs, partnerships and S-corps this season. I had all the information freely given with a desire for me to understand. I had to buy a mindmapping type program to draw out the reality. (He paid, of course.)

Even after the flow sheet, it still took hours to determine as to if the income flowed properly to all the entities. (The mindmapping program was wonderful to accomplishing this.) I have no idea as to if someone who accused the client of a tort could get that much. Even though he has complete control of millions. My theoretical basis is yes, a plaintiff can get a lot. I know I couldn't get it. Just saying.

To say an LLC will not protect you, is a superficial comment. Because, they can legally and in reality. I might suggest an insert of an qualifier like "probably".

 

[quincy]

Okay, think that answers my question. I'll make it easy and just won't do it.

Thanks again everyone for taking the time to respond.

Well, not writing a satire at all is certainly the best way to not get sued for writing a satire.

I hate to discourage any writer from writing, though. If you have a good idea for a satirical piece, you just need to be careful how you express your idea so you don't harm another's reputation with your words.

Following is a link to a website that has helped many writers learn about online writing and the legal risks involved in publishing what they write:

The Knight Foundation's Knight Citizen News Network (look for the "Legal Risks" module): http://www.kcnn.org/

Good luck in whatever you decide to do, calhoon.




edit to add: If you want to add in your mind the qualifier "probably" to my post, tranquility, feel free to do so.