Threats of being sued

[poppabear]

What is the name of your state (only U.S. law)? Oregon

I have a blog in which I discuss life/parenting/relationships/etc. My ex-girlfriend, whom I have a daughter with, apparently does not like that I write about the custody/court issues that I have been dealing with. I do not use her name, though the people who know me obviously know who she is. I have been writing about what we have been going through in court, and now my ex is threatening to sue me. Nothing I have written is untrue, however my ex has lied to most of her friends and family about the reality of our situation and does not want to look bad in front of anyone. As long as I am only writing the truth (as proven in court) should I be worried?

(Just to note, my daughter is only 3 and my blog is password protected, so there is no way that she could access it)

 

[quincy]

If your ex-girlfriend is identifiable in your blogs by what you write, then it really doesn't matter that you do not use her name. She is identified.

What you write about your custody and court issues would not be defamatory if you write only provable truths and pure opinion. However many (most?) bloggers do not know HOW to write only provable truths and pure opinion. They often imply false facts. They often take statements out of context which can change the meaning of the statements. They often stray from their own personal experience into generalizations. They often make assumptions. They often make defamatory statements without even realizing they have defamed someone.

In addition, even when what is written is provably true, unless it is supported by public records, it could be viewed as private facts. Not everything that is true, in other words, is legally safe to publish.

A defamatory blog, a blog that invades privacy, or even a blog that is viewed as derogatory or demeaning or embarrassing or a source of ridicule, may be used by your ex-girlfriend against you in any court or custody hearing, as well.

Should you be worried that your ex-girlfriend will sue? Possibly. It really depends on what you are writing and how this is affecting your ex-girlfriend and how litigious she is. Nothing can prevent her from suing, at any rate, whether she has any action worth pursuing or not. But whether she will decide to sue or not is anyone's guess.

You would probably be wise to have an attorney review your blog postings, to see if you have crossed any free speech lines. A review of your blog, followed by any needed editing of its content, could prevent you from losing a lawsuit, should one be filed against you.

As a note: Your daughter will not always be three, and blog posts can last forever. When writing, you may want to consider whether what you are writing is something you would want your daughter reading five or ten years from now.

 

[poppabear]

Thank you very much. I have gone ahead and removed the blog, even though I am not sure I was in the wrong. Most of what I wrote about was about the process of going to court and what that entailed. What my ex did not like was that I stated she only has of our daughter, and that she has remained with her boyfriend even though he has abused our daughter. All of which is pretty provable since there are court records detailing these things, as well as police reports, etc. She doesn't want people to know what is really going on because she doesn't want to look bad. Mostly I just wanted the blog to clarify things and 'set the record straight'.

 

[quincy]

You're welcome, poppabear.

I did want to add that I do not like censorship (for the most part) and I definitely support the rights of people to speak and write freely about the issues that matter to them. A blog on court processes from your perspective as a party in a divorce and custody action can be educational and valuable to others facing a similar situation.

But there are legal limits to what can be said safely, and people must always be aware of the laws that define these limits when exercising their freedom of speech. As a participant in a court action - especially a court action as fraught with emotion as a divorce and custody action is - it is hard to remain entirely objective. It is the subjectivity that tends to sneak into writing that can cause the legal headaches.

Although there may have been nothing legally wrong with what you wrote (an attorney's review could have told you for sure), the writings were upsetting your ex-girlfriend, which in turn could upset your daughter. For these reasons alone, I think you were wise to remove the blog.

Good luck.