Libel Suit Against Me Dismissed

[Esther Williams]

What is the name of your state? South Carolina

Well, I can say it was very alarming to have the Defendant in my Pro Se Civil suit counter sue me for the full amount of $7500. for her disgust and suffering at my web posts. I had to turn to the web because she would not respond to me and I had no other alternatives.

I neither named her or her farm when I was looking for advice on what to do. The only way it could be construed that is was her I was talking about is that I posted a few weeks earlier asking where she was.

So after I won the case the Judge dropped her counter suit.

BTW, the Circuit Court Judge also dropped her appeal. I went on to pursue her with the breed association and after that to build a website to warn others.

Jennifer

 

[quincy]

So you don't have a question?

It is nice that you avoided a libel suit. I would hope that you would be careful with your website warning others about her, however. You avoided one suit because of vagueness as to her identity, perhaps. Naming her could create new difficulties for you. So please be careful.

Congratulations on your win.

 

[AlanShore]

Not if the court found her at fault for whatever his claim is......

 

[quincy]

Alan, as long as Jennifer sticks to the truth of this one case, she will be OK, but winning one defamation case does not eliminate the risk of another. She just has to be careful, that's all. I wasn't around this forum when Jennifer first discussed her case, so I am just guessing the results of her win were largely based on the vagueness of the identity of the woman accusing her of libel and this is based strictly on what she wrote above.

 

[AlanShore]

Alan, as long as Jennifer sticks to the truth of this one case, she will be OK, but winning one defamation case does not eliminate the risk of another. She just has to be careful, that's all. I wasn't around this forum when Jennifer first discussed her case, so I am just guessing the results of her win were largely based on the vagueness of the identity of the woman accusing her of libel and this is based strictly on what she wrote above.

I'm sorry I still believe there is something called the first amendment, freedom of speech, maybe you have heard of it? Defamation law suits are very rarely won. And as long as the OP believes what he/she is saying is true, the OP is fine.

 

[quincy]

Oh so wrong, dear Alan. Freedom of speech has limits.

Although we all value freedom of expression and often consider it paramount, there are circumstances where other values take priority. The right to a good reputation will win over verbal attacks against it. National security may be given precedence over press freedom. There are laws limiting freedom of expression that cover advertisers, businesses, broadcasters, the Internet, the press, the individual....

Defamation and invasion of privacy suits are brought all of the time, and they can be brought over words spoken or words written or photos taken that you, personally, may not even think are defamatory or an invasion of privacy. Lawsuits have been won against people who have called others liars, hypocrites, and heartless. Someone labeled "poor" can sue (and can often win enough to make them "rich"). There have been suits won over the printing of birth dates and wedding dates. People can sue over photos printed. A famed case came from the publication of an ad showing a steeplechaser holding a riding crop, and the photo gave just the illusion of a "fantastic and lewd deformity" - and the steeplechaser won a defamation suit. Someone whose honesty or skill or fitness or ethical standards or financial capacities is challenged in any way can often sue successfully.

Truth is free speech and defamation challenges will be lost, but truth is not a defense to an invasion of privacy suit. Abusive words and name-calling may be protected when arising from heated dialogs and debates, but not when you are speaking to the police. Opinions are protected free speech, but veer off opinion even slightly, and imply just the tiniest sliver of fact, and you can be sued. And even if you believe that what you say is true, if what you say is defamatory or invades someone's privacy, you can be sued.

Yes, there is freedom of expression in our country, in speaking and writing and publishing. But there has always been some degree of legal control over this expression. And the chances for being sued are substantial if you slip up. Libel and invasion of privacy lawsuits are on the rise, and attorneys are everywhere, and they're salivating.

 

[AlanShore]

Oh so wrong, dear Alan. Freedom of speech has limits.

Yes it does but not in this instance. Please if you happen to disagree try to back it up with some case law.

 

[quincy]

Spouting off a bunch of libel cases is not going to help posters much at all. YOUR spouting it off in other threads shows you can quote one case out of billions that may have something to do with something, but is not the definitive word on anything, although you attempt to make it seem so.

I deal with libel on a daily basis. Telling someone to go ahead and print whatever they want about someone is unconscionable.

 

[AlanShore]

I deal with libel on a daily basis. Telling someone to go ahead and print whatever they want about someone is unconscionable.

You should retry law school. Maybe you will learn a little more the second time around.

 

[quincy]

Read my other posts, Alan.

And WHO are you, anyway?

 

[Esther Williams]

Everything that is stated on my website or my ripoffreport is the truth. All if it was testified to in the court case I won. Everything that is extra is documented with emails that she submitted to the Paso Fino Horse Association's Hearing Committee.

I have a lot of documentation to back up everything that is stated.

Her libel suit was not even heard by the judge. It was immediately dismissed right after he gave judgment on my civil suit.

I believe that if there is reason to open another libel suit or defamation suit she will do it.

Jennifer

 

[quincy]

I went to your site, Jennifer, and you are doing everything right so far.

As long as you stick to the facts presented in court, and give only a fair and accurate report of what transpired, you should be okay. From the sounds of it, yes, it does sound like this woman will take any opportunity presented to bring another suit against you. Hence my concern.

If you are careful with what you say, use court documents and report everything accurately, without inserting any potentially defamatory comments about her (although I am sure it is tempting ), you should be fine.

Congratulations, again, on your win. It is hard work going Pro Se, and it seems you managed it beautifully.