Any lawyers around?

[brytorlyn]

Several months ago my daughter (18), wrote a rambling blog entry detailing a dispute with a neighbour that involved him being drunk and vandalizing our yard. In this blog she mentions no names but proceeds to discuss how he had been drinking and has a hot head and caused us damage. She basically ridicules him and his wife with some name calling (hot head, dumb a&& etc). This was a private blog to her friends and somehow they have found it (I am sure they searched hard to find it because they are always looking to bug us....LONG story).

So this morning police arrive at my door and this is how I learn of this blog. At first I was angry at my daughter for this...but now I am not so sure. The police said there were no threats and no charges will be laid but that this was "a slippery slope", they used words like possible slander or defamation. Upon my husband and I reading this (and our son a journalism student), we find nothing untrue and mostly just a lot of name calling (nothing too brutal just mostly general "what an idiot" stuff.

While I don't approve of what she did entirely I really see this as just silly talking to her personal friends and not sure what the big deal is. Aren't we free to speak about the events in our lives and express our views on them??

Any input?

 

[Carly_Roach]

Several months ago my daughter (18), wrote a rambling blog entry detailing a dispute with a neighbour that involved him being drunk and vandalizing our yard. In this blog she mentions no names but proceeds to discuss how he had been drinking and has a hot head and caused us damage. She basically ridicules him and his wife with some name calling (hot head, dumb a&& etc). This was a private blog to her friends and somehow they have found it (I am sure they searched hard to find it because they are always looking to bug us....LONG story).

So this morning police arrive at my door and this is how I learn of this blog. At first I was angry at my daughter for this...but now I am not so sure. The police said there were no threats and no charges will be laid but that this was "a slippery slope", they used words like possible slander or defamation. Upon my husband and I reading this (and our son a journalism student), we find nothing untrue and mostly just a lot of name calling (nothing too brutal just mostly general "what an idiot" stuff.

While I don't approve of what she did entirely I really see this as just silly talking to her personal friends and not sure what the big deal is. Aren't we free to speak about the events in our lives and express our views on them??

Any input?

What it basically boils down to is this: anyone can sue you for any reason whatsoever. Whether or not your daughter's words are libelous will be for a judge to decide. I don't understand why the police would have gotten involved unless your daughter had made some sort of threat in the blog entry.

If you have a long history of petty issues with this neighbor, I'd tell you to wait until they drag you into court to decide if/when you'd want to engage an attorney. If you or your daughter ARE served a summons, then I'd recommend a counter-suit for attorney's fees and damages (time off from work, etc).

 

[Cheshire Figment]

I cannot see any reason why there would have been a visit from the police unless there had been a complaint of possible criminal action. Did you get names and identification that these were actual police?

What appears to me is that these neighbors had someone they know (who may or may not actually be a police officer) come to pay you a visit. I would check with the actual police department to find out what sort of complaint, if any, was actually filed and by whom - these should be public records.

(Disclaimer - laws are different in Canada from US, but both are based on the same British Common Law background.)

 

[brytorlyn]

Thanks for the comments. That is what we have been thinking...if they want to go to court, let them try.

There really were no threats and the police said they simply wanted to warn her that blogging can get you in trouble. They responded because they were called and said they were warning both sides to leave each other alone. Something WE have been doing. ( 2 weeks ago they said they smelled a gas leak in our yard so they called 911...3 fireman came out and found NOTHING so she called the gas company...they came out and also found NOTHING...not a hint of gas)

It has all been petty issues because they are petty people. Hope I don't sued for that comment!

 

[ZephyrHawk]

Number 1: It's not slander, it's libel. It was published (and by a journalism student, no less!).

Number 2: Although definitions of defamation/libel/slander can differ from place to place (and between the states and Canada...should have checked OP origins first) most require something very important: the information stated has to be untrue. If the information was not false or misleading, then there was no malfeasance. Even if the info were false, it generally has to be "knowingly" false. So, if your daughter just heard your 3rd hand account of the incident and it was untrue, but she believed it to be true...you get the picture.

Additionally, generally there has to be a definitive harm. Basically the guy has to show he was injured by your daughter's post, and not just some "ooh, my poor fweelings were hurt!" kind of injured. Usually, he'd have to show that your daughter's post interfered with his ability to make money or resulted in some sort of economic loss (like, someone backed out on a deal with him because of what was read on your daughter's blog). A claim of "intentional infliction of emotional distress" would likely also be included, but those usually require a psychiatrist's word to back up the claims.

Number 3: Should your neighbor or the authorities ever come at you with this again your response should be: "I'm sorry, my daughter is 18 and I am no longer responsible for her torts. Please contact her with any issues you may have."

Really, it's not your problem. My guess would be this guy bugs the police as much as he bugs you, which is why they even bothered to speak with you. There are very few places still have criminal defamation statutes. Even in those cases, I doubt that your daughter's actions would rise to that level. Regardless, as you pointed out, we have freedom of speech, and a darn good defense to any charges that might be brought up.

Just a note, as I'm sure you know (but I'm sorta required to say it anyways) any legal information you get from a Disney themed message board is worth exactly what you've paid for it. In other words, this does not constitute legal advice in any way.

 

[ccgirl]

I really don't know why people post things like that in a blog. Emails, postings, etc can come back to haunt you. I wish people would be more careful with what they write. No good can come out of posting something like that - just adding fuel to the fire IMHO.

 

[Traveliz]

Number 1: It's not slander, it's libel. It was published (and by a journalism student, no less!).Number 2: Although definitions of defamation/libel/slander can differ from place to place (and between the states and Canada...should have checked OP origins first) most require something very important: the information stated has to be untrue. If the information was not false or misleading, then there was no malfeasance. Even if the info were false, it generally has to be "knowingly" false. So, if your daughter just heard your 3rd hand account of the incident and it was untrue, but she believed it to be true...you get the picture.

Additionally, generally there has to be a definitive harm. Basically the guy has to show he was injured by your daughter's post, and not just some "ooh, my poor fweelings were hurt!" kind of injured. Usually, he'd have to show that your daughter's post interfered with his ability to make money or resulted in some sort of economic loss (like, someone backed out on a deal with him because of what was read on your daughter's blog). A claim of "intentional infliction of emotional distress" would likely also be included, but those usually require a psychiatrist's word to back up the claims.

Number 3: Should your neighbor or the authorities ever come at you with this again your response should be: "I'm sorry, my daughter is 18 and I am no longer responsible for her torts. Please contact her with any issues you may have."

Really, it's not your problem. My guess would be this guy bugs the police as much as he bugs you, which is why they even bothered to speak with you. There are very few places still have criminal defamation statutes. Even in those cases, I doubt that your daughter's actions would rise to that level. Regardless, as you pointed out, we have freedom of speech, and a darn good defense to any charges that might be brought up.

Just a note, as I'm sure you know (but I'm sorta required to say it anyways) any legal information you get from a Disney themed message board is worth exactly what you've paid for it. In other words, this does not constitute legal advice in any way.

I think (go back and read) that the journalism student is the SON that read it after the parents showed it to him and it was the DAUGHTER (major not specified) that wrote it.

Liz

 

[brytorlyn]

Number 1: It's not slander, it's libel. It was published (and by a journalism student, no less!).



My son is in journalism but it was the police who used the word slander...I also felt that what is written is libel.


Number 2: Although definitions of defamation/libel/slander can differ from place to place (and between the states and Canada...should have checked OP origins first) most require something very important: the information stated has to be untrue. If the information was not false or misleading, then there was no malfeasance. Even if the info were false, it generally has to be "knowingly" false. So, if your daughter just heard your 3rd hand account of the incident and it was untrue, but she believed it to be true...you get the picture.




The incident she spoke of happened to us...Neighbour vandalized our yard by cutting down a large bush (6 ft) and throwing it all around our yard because he didn't like it . He admitted to us that he had a few drinks and lost control.


Additionally, generally there has to be a definitive harm. Basically the guy has to show he was injured by your daughter's post, and not just some "ooh, my poor fweelings were hurt!" kind of injured. Usually, he'd have to show that your daughter's post interfered with his ability to make money or resulted in some sort of economic loss (like, someone backed out on a deal with him because of what was read on your daughter's blog). A claim of "intentional infliction of emotional distress" would likely also be included, but those usually require a psychiatrist's word to back up the claims.



I doubt my teenager saying he is a jerk caused much loss of business for him.This is a definite case of hurt fweelings.


Number 3: Should your neighbor or the authorities ever come at you with this again your response should be: "I'm sorry, my daughter is 18 and I am no longer responsible for her torts. Please contact her with any issues you may have."

Really, it's not your problem. My guess would be this guy bugs the police as much as he bugs you, which is why they even bothered to speak with you. There are very few places still have criminal defamation statutes. Even in those cases, I doubt that your daughter's actions would rise to that level. Regardless, as you pointed out, we have freedom of speech, and a darn good defense to any charges that might be brought up.



Very sage words!!


Just a note, as I'm sure you know (but I'm sorta required to say it anyways) any legal information you get from a Disney themed message board is worth exactly what you've paid for it. In other words, this does not constitute legal advice in any way.

Thanks...I am trying to put this in perspective but having the police on my doorstep early this morning freaked me out. The more I think and ruminate on it the more I think nothing will come of it.

 

[brytorlyn]

I really don't know why people post things like that in a blog. Emails, postings, etc can come back to haunt you. I wish people would be more careful with what they write. No good can come out of posting something like that - just adding fuel to the fire IMHO.

I definitely agree and told my daughter so. For her safety and future I always warn my kids to be careful what they print and put on line. I don't condone her action.....

But...it happened almost a year ago and she was just talking about her frustrations on what she thought was a private blog available only to friends. Although she thought only those invited could read it she was wrong. I am mildly concerned as to what lengths these people went through to find this blog and how much the cyber stalk my children since I had trouble finding it when I searched and only did find it when I had a lot of details.