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    « Online Defensive Driving Courses Now Approved in New York | Main | Accepting Referral Gifts From Auto Repair Shops Will Cost You »

    June 16, 2009


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    Joe Schwartz

    While this is a good description of what the insurance endorsement covers, it should be noted that if everything that A said was an opinion, rhetoric, or a true fact, there cannot be libel. That is, if all A did was call C some names, it doesn't matter how embarrassed C is, or how damaged her reputation is. Only false statements of fact are actionable -- opinions are protected under the First Amendment.

    Tim Dodge

    Hi Joe,
    Thanks for the comment. I won't pretend to know the laws governing allegations of defamation. The only thing I would point out is that the First Amendment prohibits government from restricting freedom of speech. It does not prohibit private individuals or organizations from doing so. That said, you may well be correct about the legal standard for determining whether libel or slander occurred.

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