Defamation or not?

[squishypig87]

Ohio

If someone claimed to be a 501c3 organization in 2017 even though it wasn't granted until September 2019, and someone else said in 2018 that the organization was lying about being a 501c3 , can the retroactive nature of the granted 501c3 be applied to claim defamation against the party that claimed the organization was lying in 2018?

 

[LdiJ]

Ohio

If someone claimed to be a 501c3 organization in 2017 even though it wasn't granted until September 2019, and someone else said in 2018 that the organization was lying about being a 501c3 , can the retroactive nature of the granted 501c3 be applied to claim defamation against the party that claimed the organization was lying in 2018?

Anybody can sue for anything, even if the suit is ridiculous. However, truth is a defense against defamation. The organization was NOT a 501(c)(3) organization in 2017 or 2018 therefore it was not defamed by someone saying it was not. Therefore it should not win a defamation suit.

 

[cbg]

Ohio

If someone claimed to be a 501c3 organization in 2017 even though it wasn't granted until September 2019, and someone else said in 2018 that the organization was lying about being a 501c3 , can the retroactive nature of the granted 501c3 be applied to claim defamation against the party that claimed the organization was lying in 2018?

I'll be more blunt. No. It can't.

LdiJ is technically right. Anyone can sue for anything. I can sue you because I don't like your shoes. But I'll lose if I do. And the "someone" in the above situation would lose also.

 

[quincy]

Ohio

If someone claimed to be a 501c3 organization in 2017 even though it wasn't granted until September 2019, and someone else said in 2018 that the organization was lying about being a 501c3 , can the retroactive nature of the granted 501c3 be applied to claim defamation against the party that claimed the organization was lying in 2018?

Here is a link to the Digital Media Law Project’s (2014) overview of Ohio’s defamation law:
http://www.dmlp.org/legal-guide/ohio-defamation-law

What brought about the comment about the 501(c)(3) status of the organization? I assume the comment was prefaced by other comments instead of being tossed out randomly.

It is possible to defame someone by impugning their honesty, skill, fitness, ethical standards or financial capacity in their work.

Could you provide some background information, please? Are you the potential defamer or the potentially defamed?