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Defamation Law for Online Posts Revisited

Defamation Law for online posts revisited by the Texas Court to consider whether a former an employer can have his former employer remove damaging personal comments from the company website.

This issue has already impacted and touched everyone that does not live in a cave, a cave without Internet that is. If the comments are deemed defamatory they still may not be able to remove those comments. Why? Because if it’s in the form of an opinion it may have free speech issues.

In other countries defamatory comments are a basis for criminal action, as highlighted in the Amanda Knox case.

Is it time for courts and law to finally catch up with the Internet and start putting a stop to damaging non-newsworthy comments that are broadcast worldwide at the push of a button. The harm  to everyday people at their jobs and in the community is overwhelming.

Paul J. Weber of the Associated Press noted in his recent article that “Lower courts already have ruled that Robert Kinney’s former company, Los Angeles-based BCG Attorney Search, can’t be forced to remove the comments, even if a judge or jury eventually finds it defamed Kinney on the company’s website by accusing him of running a kickback scheme. That’s because defamatory speech still has protections under the law.”

Is it a slippery slope, or should people be able to say whatever they want, whenever they want? Everyone has opinions, and our constitution allows them to express it. So how do you separate sincere opinion on a topic from malice comments motivated by revenge?

Opinion by the Supreme Court is expected within couple months.

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