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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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What if a person posted something about someone on a private

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What if a person posted something about someone on a private message on Facebook, which true and had very serious bad things that the person did. It also gave opinion that the person, who is an alcoholic, gave opinion, that the person should get help in a professional facility.. which a member of her own family had said. Then the person that was sent the private message sent the person who was being discussed the private message. Then the person, sent the writer a threat they were going to sue them for slander.. but in that message the things said were true and actual events of horrible things that were done. The writer wrote about them, but did offer person opinion of this person could do harm to themselves or others.. and quoted her sister that this person was the biggest con artist in the world. Can this person be sued for slander.. the person, who was being talked about, is clearly an alcoholic, has been in and out of institutions.. has assualted the sender of the email in her boyfriend and her home, lied about her money situation and so the sender gave her airfare tickets to see her family, clothes, etc. She became very bad in her drinking and gets mean.. she also threatened the 85 year old mother of the sender on the phone..
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
Hello

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

Slander is the oral word of something that is untrue and is stated as "fact" knowing that the statement is not the truth.

What you are describing is "Libel" and that is the written word of something that is untrue and is stated as "fact" knowing that the statement is not the truth.

Now, if a person state's something as "opinion" that is not stated as "fact" and so there is no defamation in the form of libel or slander.

Further the truth is a defense to a defamation lawsuit - meaning if there is any truth to something stated as fact and not prefaced with "In my opinion" or "It is my opinion" then the person who brings such a lawsuit would have a hard time winning it.

Therefore, it is hard to sue for defamation, and it is definitely hard to find an attorney to handle such matters.

Customer: replied 1 year ago.


Just another quick question since this was over the internet.. I'm in NM, the person I wrote was in Illinois and the person who the post was sent to is in Florida who is threatening to sue for slander is in Florida.. IT doesn't sound like she could have a case.. since I stated the truth in the email.. the only negative I said was my opinion that the person should get professional help and quoted her sister that she was the biggest con artist in the world.. which she did to my mother.. and she should be in a professional facility.. is any of this meaningful.. if she trys to take any aciton.. she also said in her email.. which I could tell she had been drinking states she has been wanting to sue me... for what?? Walking away from a toxic human being... So from state to state.. I would think she doesn't have a leg to stand on ??? Plus, she has no money and I wouldn't think a lawyer would take something like this on retainer from this person??

Expert:  Sam replied 1 year ago.
Hello

You may ask follow up questions until you are satisifed. That is never a problem

And yes, you are correct in everything you said. Defamation civil lawsuits are the same in every state,

But from what you present here, I suggest that no this person would not win a case. And as I stated trying to find an attorney to take such a matter will be very difficult

I suggest that you should not worry yourself too much on this. But remember, you should always preface your statements with "it is my opinion" Or "in my opinion"

We are all entitled to our opinions.

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21414
Experience: 20 years of experience practicing law.
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