Intellectual Property Law

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I have another legal question involving libel/slander

. I am starting...
I have another legal question involving libel/slander . I am starting a web site. It should be up and running in the next 2 weeks. It is called: www.geneticallyimpairedassholes.com At the website, I will designate a GIA ( genetically impaired asshole of the day). They will will public figures who have done something really stupid. Past designates would have been Alec XXX for his recent airplane incident, The US Congress for it's current 5% approval rating. My question: Do I run the risk of being sued and sues sucessfully if I do this? Thanks Pls forward to an attorney with experiste in this area.
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Answered in 15 minutes by:
1/2/2012
Thomas Swartz
Category: Intellectual Property Law
Satisfied Customers: 3,269
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Hello JACUSTOMER,

You only really run the risk of libel/slander if you state something false about someone. When I say "false" it has to be something that is factually untrue. Giving an opinion about someone is not something factual. So, saying someone is a "jerk" or an "asshole" is really not defamation at all. It is just giving an opinion about someone which is protected. In addition, when it comes to public figures, a plaintiff must prove that the defendant had actual malice or reckless disregard of the truth when publishing something false about that public figure. And this is a high burden of proof to meet.

Of course there is always the possibility that someone might commence a defamation lawsuit against you, but if you are just giving opinions about people and not stating anything that is untrue those lawsuits will not be successful. You will have the defense of opinion and the truth.

Thomas
Thomas Swartz
Category: Intellectual Property Law
Satisfied Customers: 3,269
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Verified
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