Yesterday, September 26,
2014, Ellora’s Cave Publishing, Inc., filed a
defamation suit against the Dear Author Media Network, LLC, owners of the Dear Author blog. Here is a link to the filing for
more information:
What follows is not about
this filing specifically. This post is about unintended consequences and object
lessons.
In the United States of
America, anyone can sue anyone for anything. Yes, you read that right. And
please keep it in mind as you read on.
In the USA, one can say,
write or otherwise make public anything about anyone. It’s called freedom of
speech, and it is a right granted every American in the First Amendment of The United States Constitution. I can
stand on any street corner and ramble on about any subject, and the GOVERNMENT
cannot arrest or otherwise restrict my right to do so. If I decide to publish those ramblings, that is called freedom of the press, and is also a right guaranteed in the First Amendment. However, if I am rambling
on about a specific individual or corporation/business, that individual and/or
corporation/business has the right to bring suit for slander (if spoken) or
libel (if written/published) in civil court. I have not committed a crime, per
se, but I have, in the opinion of the injured party, impugned their reputation
with my words.
Definition of libel: http://www.merriam-webster.com/dictionary/libel
It is a good idea for the
purposes of this blog post, Dear Reader, to keep in mind that as a result of
the rulings under Dartmouth College v
Woodward and Citizens United v
Federal Election Commission, the law in the US has afforded corporations
the right of personhood. It’s complicated, but that is the nutshell version. It
means that corporations have the same rights as living, breathing citizens of
the US. And, yes, you read that right, too.
A blog is a personal website
or page on the internet in which a person posts their opinions about various
subjects on anything from individual people, events, companies, etc. The
possible subject matter is endless.
This post today is dealing
with the fact that a corporation is suing an individual for libel because of a
blog post, e.g. an opinion piece posted on the Internet.
Now, if the author of a
published article is spouting BS, it is pretty widely accepted that the author
of untruths should be sued. If the plaintiff (individual or business that has
been libeled) is successful, it teaches an object lesson to the defendant (the individual
who committed libel).
But, what if the published
matter is true and can be documented as such?
Doesn’t matter. If the
subject of that publication feels they have been injured by the information in
that published work, that person—or company— can sue the author of said published work. See paragraph
3 above.
In other words, if the
author of a blog post is telling the truth about an individual or company and
can document what they have written is the truth, they can still be sued.
Again, you read that right.
This opens up a Pandora’s
Box of issues that include but are not limited to the right of freedom of
speech as guaranteed in the First Amendment of the United States Constitution
to the right of personhood granted to corporations under Woodward and Citizens United,
and how cases have been adjudicated under these rulings.
Think about that for a
moment...
In addition to being a
business owner and an editor, I’m a blogger. I have opinions. Some of those
opinions are very strong and could prove controversial, and others wouldn’t
mean squat to a housefly. But I have a guaranteed right to publish those
opinions in whatever media I choose. And if I’m going to take a company to task
for its behavior/business practices (don’t even get me started on the financial collapse of ’08),
I had better be sure I have my facts straight and can document that every word
I put out as fact can be documented as such, and that my opinions are clearly
labeled and understood as such.
Does that protect me under
the First Amendment? Yes. But that only means that the US Government can’t come
after me for what I’ve said, written and/or published.
Does that protect me from
facing a civil suit – even though i spoke the absolute, documented truth,
and have witnesses to attest that what I have published is the truth? No.
See paragraph 3 above.
Should I keep silent on any
subject that might offend persons or companies? No.
Am I not afraid of being
sued? No...and yes. No, because I refuse to be intimidated by anyone or
anything. Yes, because lawyers are damned expensive and that is what the
“offended” party is hoping will deter me. Ever gone to war with your medical
insurance provider? If you have, then you know exactly what I mean.
So, as a blogger, I won’t
shut up under the threat that someone or something will be offended by my
opinion. When I say something is fact, I will have citations to prove the
statement(s) is/are fact.
So what is the object lesson
here?
If we as bloggers allow
ourselves to be intimidated, and as a result, remain silent, what do you think
will be the result?
I am not going to remain
silent on any subject I want to write about—whether it be corporate bullying,
Internet neutrality, books, same-sex marriage, dogs and cats living together,
cellphones in restaurants and movie theaters, a company that did an outstanding
(or lousy) job painting my house, or any other subject that tickles my fancy.
Injustice flourishes like the perennial wild weed because it is
watered by the silence and indifference of people. Robert M. M. Alonto (2/26/2012, Philippine Daily News)
