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I feel I am being defamed online. I was wondering if any of…

Customer Question
Hi. I feel...

Hi. I feel I am being defamed online. I was wondering if any of your lawyer's specialize in this?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New Jersey

Lawyer's Assistant: Has anything been filed or reported?

No, i am not even sure if I have a case

Submitted: 1 month ago.Category: Legal
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Answered in 5 minutes by:
12/27/2017
Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,416
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 1 month ago
Someone is claiming on a public post online that I have called them a racial slur multiple times. This has never happened and they refuse to take the post down. Do I have any legal recourse?
Lawyer: Legal Eagle, Lawyer replied 1 month ago

I'm sorry to hear about that. Those are very serious allegations to make against someone. This to me sounds like a case of defamation. Defamation is basically a false and defamatory statement, published to a third party, that causes harm (usually a lessened reputation in the community, lost business opportunity, or other harms as the facts dictate.)

Although I don't know the full extent of what was the supposed defamatory statement, run the alleged statements through that analysis to see if it fits.

If it does, then the other party may have some defenses. Here are the typical defenses in a defamation case:

(1) Legislative Privilege - Meaning the statement was made in a legislative proceeding

(2) Judicial Privilege - any participant in a judicial proceeding the absolute privilege to utter defamatory statements

(3) Executive Privilege - privilege affords an absolute privilege to high ranking executive officers of state and federal governments when acting within the scope of their discretionary duties

(4) Domestic Privilege - affords a spouse the absolute privilege to make defamatory statements about a third person to their spouse.

(5) Truth - if the statements you made were true, then this is a defense as well

(6) Opinion - courts have ruled that the opinion defense is one where if you provide your opinion, then a defamation charge will not stand.

I don't see any of those things being available as a defense unless they can prove that it was true and they certainly didn't say it in court or to a spouse.

You may want to consider just sending a cease and desist letter advising them that their actions could result in legal liabilitiy. I know of a service where a law office will prepare a cease and desist letter for your signature. If you click here, you can request an attorney-prepared cease and desist letter for a flat fee (usually around $250). Turnaround time is less than 48 hours. Take a look at the link and fill out the contact form if you’re interested.

Did you have any other questions for me?

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Lawyer: Legal Eagle, Lawyer replied 1 month ago
Hello. I just wanted to check in with you to see if you had any additional questions for me about this?
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