Cause for Libel Action

[kcarr11]

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

I received this email from my daughter's grandparents before she was born. Does Alex have a chance a filing a libel lawsuit against these people for a ruined reputation?

Regarding the name Traci**************Just something that happened to Dad and me recently that made us think of you and our future granddaughter. We were introduced to Alex(the new manager at Banning Starbucks) and were surprised when he/she turned around and instead of a guy, she was really a girl. But a real "butch" of a girl. I'm just wondering if this woman just lived up to her name, which wasn't a very feminine name, and adjusted her life to fit her name. And really can you honestly say that when you're holding your beautiful daughter, smoothing her hair and caressing her face, you'll look down into her cute little eyes and see a "Traci"? A small girl, teenager or a 60+ year old woman (which she'll become some day) having a masculine name in our society is dealt more of a handicap, than a help. You might think the name "cute" now, but in a few years it might not be.

[Shadowbunny]

I'll let the attorneys on this site answer the legal question, but I'm just curious: How would Alex, the Starbucks employee, ever find out about this personal email between you and the author? And what damages has Alex suffered because of this private correspondence wherein an opinion is expressed? Seems to me that you're just in a swivet because of their comments and you're looking for ways to get them in trouble.

[kcarr11]

I'm not looking for an opinion. If you don't have an answer keep your thoughts to yourself. thank you

[Proserpina]

Originally Posted by kcarr11

I'm not looking for an opinion. If you don't have an answer keep your thoughts to yourself. thank you

Exactly what would be libelous? In what way?

And please tread carefully - the rudeness was completely uncalled for. Shadowbunny asked a VERY relevant question.

[Shadowbunny]

Originally Posted by kcarr11

I'm not looking for an opinion. If you don't have an answer keep your thoughts to yourself. thank you

As you wish, I'll not guess as to your motivation. But that still leaves the questions I asked:

1) How would Alex, the Starbucks employee, ever find out about this personal email between you and the author?

2) And what damages has Alex suffered because of this private correspondence wherein an opinion is expressed?

[quincy]

No, kcarr. There is no chance of Alex filing a successful libel suit against "these people," unless there is far far FAR more to your story than what you have posted here.

The grandparents expressed their opinion of a name you were considering for your daughter, prior to the birth of your daughter. That is a perfectly legal thing to do. They didn't have to like the name you chose then; they don't have to like the name you chose now.

Imagine what the grandparents would have said had you chosen "Apple" or "Kal-El" or "George Bush" for a name.

[Proserpina]

Originally Posted by quincy

No, kcarr. There is no chance of Alex filing a successful libel suit against "these people," unless there is far far FAR more to your story than what you have posted here.

The grandparents expressed their opinion of a name you were considering for your daughter, prior to the birth of your daughter. That is a perfectly legal thing to do. They didn't have to like the name you chose then; they don't have to like the name you chose now.

Imagine what the grandparents would have said had you chosen "Apple" or "Kal-El" for a name.

I think I might have you beat, quincy

Moxie Crimefighter is the name of entertainer Penn Jilette's daughter.

I kid you not.

[quincy]

Now THAT is one kid who is going to need serious therapy!

[Shadowbunny]

Any chance Moxie can sue HER parents?!!!!!

[kcarr11]

shadowbunny, i guess that i was trying to point out that Alex was suffering by having her reputation ruined by the grandparents before anyone even knew her. I didn't know who she was at the time and because of this email i formed an opinion. I know forming opinions are not the right thing to do, but it is natural. I guarantee I am not the only one who has had to form an opinion before meeting Alex. The grandparents ruined her reputation by calling her "butch" and saying those other things, before anyone had a chance to form their own opinion. Isn't that what libel/ defamation is? Having your reputation ruined with the use of baseless criticism.

[Proserpina]

Originally Posted by kcarr11

shadowbunny, i guess that i was trying to point out that Alex was suffering by having her reputation ruined by the grandparents before anyone even knew her. I didn't know who she was at the time and because of this email i formed an opinion. I know forming opinions are not the right thing to do, but it is natural. I guarantee I am not the only one who has had to form an opinion before meeting Alex. The grandparents ruined her reputation by calling her "butch" and saying those other things, before anyone had a chance to form their own opinion. Isn't that what libel/ defamation is? Having your reputation ruined with the use of baseless criticism.

Opinions are not statements of fact and are largely protected.

But that aside what damages did Alex suffer as a result of this?

[Proserpina]

Originally Posted by quincy

Now THAT is one kid who is going to need serious therapy!

Oh it gets worse. Jason Lee (dude from "My name is earl") has a child named..

..wait for it..

Pilot Inspektor.

(yes, it's actually spelled that way)

[Proserpina]

Originally Posted by Shadowbunny

Any chance Moxie can sue HER parents?!!!!!

Unfortunately abject stupidity is not against the law.

(if only because this country just doesn't have enough space to incarcerate so many perpetrators! )

[quincy]

Defamation is the making of false statements of fact that injure a reputation. Opinions are not false statements of fact. The First Amendment protects the expression of opinions.

So, kcarr, Alex cannot successfully sue her grandparents for criticizing the name you chose for her. They don't like the name and they don't have to like the name.

There is not a thing Alex can legally do about that.

People ARE often judged by their names - in fact, studies have shown that employers and colleges often look at a name and form an opinion about the applicant based on this alone. Some names reveal a lot about a person. Alex actually may have an advantage with her unisex name, in that males still have an edge when it comes to interview opportunities and hiring decisions in many occupations.

[Proserpina]

Originally Posted by quincy

Defamation is the making of false statements of fact that injure a reputation. Opinions are not false statements of fact. The First Amendment protects the expression of opinions.

So, kcarr, Alex cannot successfully sue her grandparents for criticizing the name you chose for her. They don't like the name and they don't have to like the name.

There is not a thing Alex can legally do about that.

People ARE often judged by their names - in fact, studies have shown that employers and colleges often look at a name and form an opinion about the applicant based on this alone. Some names reveal a lot about a person. Alex actually may have an advantage with her unisex name, in that males still have an edge when it comes to interview opportunities and hiring decisions in many occupations.

That is an excellent point!