Legal Question in Civil Litigation in California
slander via the internet
I am a stand up comic. I sent a mass e-mail to hundreds of colleges updating my credits. In the message I mentioned a feature film I was working on and used the phrase, "I had a scene with Elizabeth Shue, yummy." A student advisor on the faculty of one school e-mailed every school in the country saying he would not hire me because his students would not like any performer who refers to women as "yummy". It appears he was discouraging other schools to book me, and his actions will cost me work. Is this slander?
3 Answers from Attorneys
It may or may not be legal defamation
It may or may not be legal defamation. We would need to read the email to be sure. You also have an issue of damages. As a general rule you can not collect money for damages that are �speculative�. Loss of future income sometimes falls under that category. There are ways around it but you need to understand that it is an issue you need to deal with. I don�t mean to discourage you. I think it is worth looking into but don�t start counting the cash yet. If I could see the email she sent perhaps I could be more specific.
The 'Yumminess' of Elizabeth Shue
I would drop out of a class taught by a professor who did not think Elizabeth Shue is 'yummy.'In fact, without naming the offending professor, I would announce that response to the message your own message evoked. Your opinion about Ms. Shue was an opinion about the joys of appearing with her. The professor's message was an opinion responding to your opinion.Generally, a defamatory expression is one which holds up a person to public contempt or hatred or tends to damage him or her in that person's business or profession. Opinions are protected expressions under the First Amendment to the Constitution. Only false and malicious statements of fact that have this effect are actionable as defamation. In the case of entertainers who are holding themselves out publicly for approval or rejection, the scope of opinionthat may be expressed is very broad. Whlile there was nothing wrong with your remark, the professor, darn him, was entitled to his opinion, however strange.Finally, I don't think the professor's strange reaction damagaed your career atr all. If it got some publicity, it might have attracted attention to you and helped you out.Politicians get used to this sort of thing, or at least some do. The wisest, and most experieanced of them, respond: "I don't give a damn what you say--just spell my name right!!!" Which is probably the best way to look at it.
The 'Yumminess' of Elizabeth Shue
I would drop out of a class taught by a professor who did not think Elizabeth Shue is 'yummy.'In fact, without naming the offending professor, I would announce that response to the message your own message evoked. Your opinion about Ms. Shue was an opinion about the joys of appearing with her. The professor's message was an opinion responding to your opinion.Generally, a defamatory expression is one which holds up a person to public contempt or hatred or tends to damage him or her in that person's business or profession. Opinions are protected expressions under the First Amendment to the Constitution. Only false and malicious statements of fact that have this effect are actionable as defamation. In the case of entertainers who are holding themselves out publicly for approval or rejection, the scope of opinionthat may be expressed is very broad. While there was nothing wrong with your remark, the professor, darn him, was entitled to his opinion, however strange.Finally, I don't think the professor's strange reaction damagaed your career atr all. If it got some publicity, it might have attracted attention to you and helped you out.Politicians get used to this sort of thing, or at least some do. The wisest, and most experieanced of them, respond: "I don't give a damn what you say--just spell my name right!!!" Which is probably the best way to look at it.