false accusation

[matchip44]

What is the name of your state (only U.S. law)? In a discussion on FaceBook that became rather heated and defensive a person accused me of being the kind of person who would "strap a bomb on my chest and walk into a Planned Parenthood Clinic." This is offensive and insulting to the highest degree and there is absolutely no basis for such an accusation, nor is there any evidence anywhere that could support any charge of this nature. I would like to know my options.

 

[The Occultist]

What damages have you suffered as a result of this comment? Oh, and do note, simply being offended does not count as damages.

 

[Hot Topic]

That must be the first time you've ever posted on a message board. People often stray from the subject of a discussion in order to attack someone who disagrees with them. These clashes are known as "flame wars."

Your "opponent" merely stated that you were (in his or her opinion) the kind of person who would etc., etc. The phrase that counts is "the kind of person." Unless they accused you of doing so, announced that they were going to go around the internet telling people that you were encouraging people to bomb clinics, there's nothing for you to take action on.

You could, of course, report the person to FaceBook, but the likelihood of them taking action is virtually nil.

You admit it was a heated discussion. A lot of people who complain about these situations give as good as they get.

 

[quincy]

Stating that you are the kind of person who would "strap a bomb on my chest and walk into a Planned Parenthood Clinic" is a defamatory statement. However, given the context in which you described it was said, it would probably not be an actionable defamatory statement.

Whether a defamation action would be worth pursuing would depend on what led to the discussion, and would depend on ALL that was said in this "heated" exchange, and would depend on a whole slew of other facts not mentioned here.

And I disagree with Hot Topic. Prefacing a statement with "I think" or "I believe" or "You seem like" does not make a statement opinion, nor does it protect a statement from being defamatory. If a statement implies false and defamatory fact, it is defamatory, regardless of any disclaimers saying it is just opinion.

 

[Hot Topic]

Don't forget to remind the OP that taking legal action against the person would be expensive.

 

[quincy]

Taking legal action against the person would be expensive.

That is why matchip44 would want to have the content of the entire online discussion, and any other pertinent facts, reviewed by an attorney.

Even if what was said during the online exchange can meet all elements of defamation (publication, identification, defamatory statement, fault, injury), if it is apparent from review that a lawsuit will not withstand a legitimate defense challenge (opinion, truth, privilege, fair comment and criticism), a defamation action would not be worth pursuing.

Expense, by the way, is relative. If a reputation has been severely injured by a defamatory statement and/or the losses suffered are palpable, the costs involved in pursuing compensation for this injury can be of minor consideration.