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RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 12840
Experience:  Experienced in multiple areas of the law.
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Looking for lawyer dealing in libel/slander cases, cleveland

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looking for lawyer dealing in libel/slander cases
JA: Because laws vary from place to place, can you tell me what state you're in?
Customer: cleveland ohio
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: i need to tell him my story. It was published on facebook this is my second time asking about this I want a second opinion
Customer: replied 3 days ago.
I had a negative interaction with some contractors that were possibly going to do my kitchen. We ended up getting into a fight. I was angry and published my story on facebook. She-owner of company had the story removed, then my friend attempted to tell her how poor her customer service was. She ended up telling my friend via facebook she was going to sue me for libel. Is it possible that I can be sued for libel.
Customer: replied 3 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Good evening,

People love to threaten that they are going to sue another for defamation -be if slander (spoken) or libel (in print). The reality however is first, true statements, no matter how bad, are always a defense to a defamation claim. So if you leave a review or post something on FB where you talk all about this contractor and the way they messed things up, but you're just saying what happened, that's not defamation.

Opinion speech is protected by the first amendment, so that generally cannot be defamation. For example, if you were to say something like "Given all the problems and delays and the poor workmanship that was done, resulting in me having to hire a new contractor to fix the problem at thousands of dollars more, I don't think ABC company knows how to remodel a kitchen", well, that is opinion.

That doesn't mean all opinion speech is protected, of course, just because you say "My opinion is..." The U.S. Supreme Court has said that a statement is an opinion that merits protection when it is (1) about a matter of public concern, (2) expressed in a way that makes it hard to prove whether it is true or false, and (3) can't be reasonably interpreted to be a factual statement about someone. (The Supreme Court case is Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990).) Think of for example, a political cartoon - those express an opinion on a matter but no one would take it to be a true statement.

If you were to write something or make a statement to someone where you're complaining about your contractor and then say something like "I swear they acted like they were drunk on the job whenever they were here..." Well, that could be problematic if you don't know for certain that they were, because a person hearing or reading that could assume that hey, maybe they in fact were.

So, as a general rule, yes opinion statements are protected, but you should always be careful as to what you say about a person or business, and stick to facts as much as possible.

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Customer: replied 2 days ago.
thank-you. This particular person happens to know me, but I dont know her. In my facebook statement I stated that she insulted me by saying : " no wonder your husband left you"-which she did say via provate texts on facebook. But I also called her partner an asshole and her a bitch via private texts and I did not include that on my facebook statement. Only the negatives she said against me which i found to be rude and unproffessional and sated that. I also found her partner to be rude and unproffessional and I also stated that. I stated the TRUTH but excluded the insults i gave them. Does that mean its libel? She had the post removed than a facebook friend contacted her and attacked her for her poor customer service towards me an thats when she threatened to sue me.