Innocence seeking refuge in the Arms of Justice, (oil on canvas) Elisabeth Louise Vigee Le Brun (1779)
We found this story through our friend Christine at NY Houses 4 Sale blog.
It seems James Poling, author of BlogNYC made the mistake of invoking the wrath of Playboy Playmate, author(16 books) & psychic Stephanie Adams. Exactly what she claims is defamatory in Mr. Poling’s writings or speech is not yet known, since the complaint has evidently not been served or made public, but it was enough to get him slapped with a $100,000 defamation lawsuit in New York Supreme Court. See Summons here.
It may have started with his June 7 post on Ms. Adams’ lawsuit against the NYPD for excessive force. Fox News.com story here. Things got ugly from there, comment & otherwise.
Here’s the legal side of this:
Under US law, to win a defamation case the plaintiff must prove these 4 elements, by a preponderance of the evidence:
1. false statement of fact (your opinion is protected)
2. single living person identified (can’t libel a company, group or dead person)
3. published to a 3rd party (person other than plaintiff)
4. injury to a person’s reputation
This case mayl have repercussions in the blogosphere. Will bloggers be legally “chilled” from speaking their mind? Win or lose, lawsuits cost big bucks.
In many states certain statements are automatically deemed to be defamatory (per se). Defamation per se includes:
- imputations of criminal conduct
- allegations injurious to another in their trade, business, or profession
- imputations of loathsome disease
- imputations of unchastity in a woman
Common defenses include truth, fair comment, comment on a public figure, good faith belief in the truth of the statement, opinion (vs. statement of fact), or no damage to reputation.
Fortunately for Mr. Poling his attorney is representing him pro bono (for free).
We will keep you posted on developments in the case.
TIP to bloggers: When in doubt preface your statements with “in my opinion” and do not name names.
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