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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Personal Injury Law
Satisfied Customers: 2651
Experience:  personal injury and medical malpractice attorney
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I've been through a messy divorce and my ex is constantly

Customer Question

I've been through a messy divorce and my ex is constantly causing drama. He posted something on his Facebook that anyone can see. I just wonder if my father can do anything? The posting is about how the judge ruled in custody and calls my dad a child molester and gives out his address. Thank you.
JA: In what state did the injury take place? And do you have medical records or other documentation?
Customer: State of MS. My ex has no proof of his accusation.
JA: Has anything been filed? If so, what?
Customer: Nothing as far as that. The divorce is final and custody is completed and filed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't know. Not at this time.
Submitted: 1 month ago.
Category: Personal Injury Law
Expert:  Christopher B, Esq replied 1 month ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using

You father could have a suit for defamation. In this case it would be libel, as the comments are written. Defamation is viewed as statements meant to injure a person’s reputation or business. According to Mississippi defamation law, statements are deemed libelous or slanderous if they “are considered as insults, and calculated to lead to a breach of the peace.” Such communication must be made to a third party without the consent or knowledge of the defamed person or business. Comments on Facebook can be considered libelous. You might first print copies of this as evidence then contact Facebook to see if you or your father can get the comments removed. Your father must prove that someone knowingly made a false statement about another and passed it off as the truth in an attempt to harm the person's reputation. There is no US Code pertaining to this as defamation is not based on federal law. Also, there is no Mississippi statute that addresses defamation. Instead, defamation is a product of "common law", which is law made by judges based on common law civil claims. Thus, defamation is governed by common law from court decisions made in Mississippi courts. The most recent reported defamation suit is Simmons Law Group, P.A. v. Corporate Mgmt., 42 So. 3d 511 (2010). This case says the following:

To establish a defamation claim, an ordinary plaintiff must show: (1) a false and defamatory statement concerning the plaintiff; (2) an unprivileged publication to a third party; (3) fault amounting at least to negligence on the part of the publisher; and (4) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication.

He can seek damages for emotional distress, harm to your reputation, the impact the defamation has had on his ability to be employed/lost wages and any other damages he can articulate.

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Expert:  Christopher B, Esq replied 1 month ago.

Just checking back in, do you have any further questions?

Expert:  Christopher B, Esq replied 30 days ago.

Was that the answer you were looking for? Please give me some feedback if not as I want to satisfy my customers. If you are satisfied, please rate my answer as this is the only way I will be compensated for my time by the site. See "rate an answer" on the following link for how to do so:

Thank you in advance.

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