Don’t I have a right to express my opinion without fear of being sued for libel or slander?

UPDATED: Jul 17, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 17, 2023

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UPDATED: Jul 17, 2023Fact Checked

Yes, so long as your statement of opinion is just an opinion, and does not contain specific assertions of fact that can be proved untrue. For example, “I didn’t like Star Restaurant. The wait staff is slow and the food is too spicy,” is a statement of opinion. “Whatever you do, don’t go to Star Restaurant. I had a hamburger there that was tainted with e.coli and had to be hospitalized for a week,” is potentially a defamatory statement if, in fact, the restaurant can prove that you never contracted e.coli and never spent any time in the hospital after eating there.

Case Studies: Exploring the Legal Boundaries on Opinion Expression

Case Study 1: The Negative Restaurant Review

Mr. Smith, a food critic, published a scathing review of a restaurant, expressing his dissatisfaction with the service and food quality. However, he went beyond offering his opinion and made false claims about food contamination, resulting in potential harm to the restaurant’s reputation. The restaurant owners sued Mr. Smith for defamation, alleging that his statements were damaging and untrue.

Case Study 2: Political Commentary Gone Wrong

Ms. Johnson, a passionate political commentator, shared her strong opinions on social media about a local politician. She made exaggerated claims about the politician’s alleged corruption without any substantial evidence. The politician filed a defamation lawsuit against Ms. Johnson, arguing that her statements were false and harmed his reputation.

Case Study 3: Consumer Product Review

Mr. Thompson, an enthusiastic consumer, posted a negative online review of a popular electronic device. While expressing his disappointment with the product’s performance, he also made unfounded assertions that the device caused an electrical fire in his home. The manufacturer of the device sued Mr. Thompson for defamation, asserting that his statements were untrue and damaging to their brand.

Case Study 4: Film Critic’s Harsh Remarks

Ms. Roberts, a renowned film critic, published a scathing review of a highly anticipated movie. While expressing her subjective opinion about the film’s quality, she went beyond criticism and made false claims about the director’s personal life, suggesting criminal behavior. The director filed a defamation lawsuit against Ms. Roberts, arguing that her statements were damaging and based on unfounded rumors.

 

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Get Legal Help Today

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