4 ms·
Here in the US, it's very difficult to prevail on a claim of either slander or libel (vis-a-vis many European countries), thanks to the First Amendment. While N
by bspatafora 13y ago
Here in the US, it's very difficult to prevail on a claim of either slander or libel (vis-a-vis many European countries), thanks to the First Amendment. While NYT Co may (may) be in the right regarding their first C&D, I would be shocked if they were to prevail on the second.
- messick 13y agoIt's harder in the US than many European companies, because it's not slander/libel if the information is true. However, if the information is false, than the Times could have a case.
- MertsA 13y agoOnly if the defendant knew it was false when they wrote it. It's not too easy to prove that in a lot of cases.
- stonemetal 13y agoThat is pretty much what I thought too. To me the first seemed like over reach but understandable, the second is just silly.
- fixxer 13y agoVery true. For libel or slander to make it to court, the plaintiff needs to show that the defendant knew his/her statement to be false. I got a hard lesson in this back in the 90s when I got sued for $2.5m. In-house counsel is such a pain is butt. I'm dealing with John Deere's law-talkers right now and I feel for you... I'm willing to bet anyone associated with creative at the Times could give a rat's ass about your site... but the lawyers... they have to justify their existence. Pick your battles.