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Are opinions considered libel?

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texas2005

Junior Member
What is the name of your state? Texas

If I write my opinion of someone on a website, is that considered libel? The person is someone I know - so that things I write are based on facts.
 


TexasTom

Member
texas2005 said:
What is the name of your state? Texas

If I write my opinion of someone on a website, is that considered libel? The person is someone I know - so that things I write are based on facts.
My guess is... IT DEPENDS.
If your opinion is that someone has AIDS or some infectious desease, then I would hazard a guess that you could loose your shirt in court.

TexasTom
 
texas2005 said:
What is the name of your state? Texas

If I write my opinion of someone on a website, is that considered libel? The person is someone I know - so that things I write are based on facts.
You can defend against a claim of libel by saying that what you wrote is "pure opinion." To be considered "pure" an opinion must be "personal comment about another’s conduct, qualification or character that has some basis in known or disclosed facts . . . You are "constitutionally permitted to use exaggeration, hyperbole, ridicule, sarcasm, stylistic touches and figurative expressions to embellish disclosed facts."

An example: "Joe Blow is a terrible human being because he has multiple convictions for grant theft auto, elderly abuse and cruelty to bunnies." If you have the records to support that, you're fine. You can also state a straight-out, unsupported opinion. "Joe Blow is despicable."

However, if you base your comments on facts that are NOT known (or even worse, provably not true) you are right back in hot water again, even if you put an "opinionifier" in front of your statement. If you want to say "I think Joe Blow is also a child molester, and that makes him the worst of hte worst" but you don't know for sure that he is a child molester, you're in trouble.

In your case, you're a lot better off if the things you "know" come from privileged sources like court records, etc.


This is a good explanation of the status of the law with cases.
 
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