Should I delete my Facebook post - Business is threatening legal action for posting a news article.

[Lawdude88]

I live in Texas.

In a neighborhood Facebook group, a parent was asking about a specific child care center in the area and for recommendations. This is what I posted: (removed y mod)

I received a message several minutes ago threatening legal action if I do not take my post down. Here is there message: (message removed)

All I did was post "This was several yeas ago, but they had this incident here". I also posted the news link. Several years ago a staff member hurt a child.

Do I need to take my post down. Could I screen shot the message they sent me and post in the same neighborhood group?

 

[Shadowbunny]

Here's the thing: truth is the defense to any slander/libel claim they think they have. So while they wouldn't have any legal claim to pursue, it doesn't mean that they couldn't sue you. It just means they would most likely not be successful.

My advice: take down the post. Anyone who asked for input has the same access to google that you do, and they could find that info themselves. Save yourself the headache. If you're feeling a little salty about how quickly they jumped to "legal action" you could always let them know that you're taking it down as a courtesy, but that you know they have zero legal grounds to do anything.

 

[quincy]

I live in Texas.

In a neighborhood Facebook group, a parent was asking about a specific child care center in the area and for recommendations. This is what I posted:

[Link removed]

I received a message several minutes ago threatening legal action if I do not take my post down. Here is there message:

[Links removed]

All I did was post "This was several yeas ago, but they had this incident here". I also posted the news link. Several years ago a staff member hurt a child.

Do I need to take my post down. Could I screen shot the message they sent me and post in the same neighborhood group?

It would have been far better if you had posted a follow-up link to the original story indicating how the childcare center had handled the incident. Although I agree with Shadowbunny that what you posted was true, and truth is a defense to defamation, sometimes even true statements can imply falsehoods by what is NOT said.

For that reason, I agree with Shadowbunny that it is smartest for you to remove what you posted.

Here is a link to an overview of Texas defamation law, published by the Digital Media Law Project (2014):

http://www.dmlp.org/legal-guide/texas-defamation-law

 

[zddoodah]

Do I need to take my post down.

No. Nor is there anything actionable about what you posted.

Could I screen shot the message they sent me and post in the same neighborhood group?

Your post indicates you have this ability. While I doubt that's what you actually intended to ask, I'm not sure what you did intend.

 

[quincy]

No. Nor is there anything actionable about what you posted. ...

The day care center has informed Lawdude88 that it is willing to pursue legal action if Lawdude88's post is not removed.

Although I think Lawdude88 probably could be successful using truth as a defense to any claim filed against him - based solely on what has been posted here - it can be important to know what came before his post on the Facebook page and what came after his post on the Facebook page. It is also important to note that the day care worker subject of the news story was "accused." And a business reputation is at stake.

Because Texas recognizes defamation by implication, I do not think anyone here can safely say definitively that there is nothing actionable in what was posted.

 

[quincy]

Following is a link to an interesting 2018 Texas Supreme Court defamation case (Dallas Morning News, Inc. v. John Tatum and Mary Tatum) that discusses in some depth defamation by implication, the "gist" of a statement, and what inferences a reasonable reader can draw from a publication.

https://law.justia.com/cases/texas/supreme-court/2018/16-0098.html

It is possible to publish true or substantially true facts but, by omitting other material facts, a defamatory impression can result.

The bottom line for me - and I agree with Shadowbunny - is that Lawdude88 is best off removing his postings to avoid a threatened lawsuit.

 

[adjusterjack]

Do I need to take my post down.

You would be wise to. Truth may be a defense but it doesn't prevent a lawsuit from being served on you. The plaintiff will have a lawyer. If you don't have one, you will get steamrolled. If you do have one it will cost you many thousands, maybe tens of thousands, to properly defend. It'll drive you into the poorhouse.

Besides, something that happened several years ago (2017) is likely to have been long ago corrected. According to articles online he was fired. He was arrested and charged with a felony. Bail was $250,000. There was a video (it's online) so he was likely convicted.

Yes, take down the post.

 

[quincy]

You would be wise to. Truth may be a defense but it doesn't prevent a lawsuit from being served on you. The plaintiff will have a lawyer. If you don't have one, you will get steamrolled. If you do have one it will cost you many thousands, maybe tens of thousands, to properly defend. It'll drive you into the poorhouse.

Besides, something that happened several years ago (2017) is likely to have been long ago corrected. According to articles online he was fired. He was arrested and charged with a felony. Bail was $250,000. There was a video (it's online) so he was likely convicted.

Yes, take down the post.

Thanks for looking up the information about the day care worker, adjusterjack. I was just about to do the same.

With defamation, what is not said can often be as important as what is said.

 

[adjusterjack]

You're welcome. It was a big deal back then. Oddly, though, I could not find and information about a conviction. The arrest, yes. The TX Dept of Corrections has an inmate lookup feature. He didn't come up. Maybe got a short sentence or a plea bargain for probation. I dunno.

 

[ALawyer]

Probably would be a good idea for EVERYBODY to stay off social (and/or anti-social) media.

 

[quincy]

You're welcome. It was a big deal back then. Oddly, though, I could not find and information about a conviction. The arrest, yes. The TX Dept of Corrections has an inmate lookup feature. He didn't come up. Maybe got a short sentence or a plea bargain for probation. I dunno.

Researching a day care carefully prior to choosing one is important. You want to make sure the day care does thorough pre-and-post employment criminal background checks of all of their employees. Check credentials. Although this cannot eliminate all risk, it can help to reduce risk.

And, if you are considering publishing anything about an identified or identifiable person or entity, make sure your facts are factual and that your opinions don't state or imply false facts. Reputations are valuable and harming a reputation can lead to an extremely costly defamation lawsuit.

 

[Zigner]

I'm curious...why did you post the news story in the first place?

 

[quincy]

I'm curious...why did you post the news story in the first place?

A member of Lawdude88's Facebook group asked if anyone knew anything about the day care the Facebook member was considering. Lawdude88 posted the old news story in response.

 

[Zigner]

A member of Lawdude88's Facebook group asked if anyone knew anything about the day care the Facebook member was considering. Lawdude88 posted the old news story in response.

Yes, but I'm questioning if the OP just blindly shared the article, or if there was some sort of intent behind it. In other words, was the OP posting it as a warning? It's more of a matter of my curiosity than a matter of relevance.

 

[quincy]

Yes, but I'm questioning if the OP just blindly shared the article, or if there was some sort of intent behind it. In other words, was the OP posting it as a warning? It's more of a matter of my curiosity than a matter of relevance.

Ah. Well, whatever his reason for posting the link to the news story, he should remove it. The day care could have a legitimate cause of action to pursue.