Legal Question in Criminal Law in California

Re: Slander by minors?

You have a tough problem, because of the difficulties of dealing with online sources. If the perpetrator is actually identified, you can demand directly that it be withdrawn, you could sue for slander as a last resort against the student and parents. You can seek a restraining order as part of that suit. Feel free to contact me if serious about getting legal help.

Re: Slander by minors?

I am sorry this has happened to you. If the information is indeed false, then you have a strong case for defamation and libel. Given the nature of the material, you may even have a case for liber per se. This is significant because the typical difficulty in a defamation case is proving damages. However, there is no such requirement for libel per se. The damages are presumed.

The other aspect of your case is assuming you can successfully bring a claim against the wrongdoer, what is your likelihood of recovery? Particularly, will you be able to recover from the parents?

Generally, parents are not liable for the actions of their children UNLESS the parent's negligence makes it possible for the child to cause the injury. Under CA Civil Code Sec. 1714, parents are liable for a child's willful misconduct up to $25,000.

So, assuming you are successful at trial, you could have some recovery. I advise you to retain a lawyer and to file a preliminary injunction ordering all such materials to be taken down from the website. Additionally, proceed with a lawsuit against the wrongdoers and the parents. There are different fee arrangements that can be worked out which can make representation very affordable to you.

Please contact me directly if serious about pursuing this.

Best of Luck!