Legal Question in Personal Injury in Colorado

Libel vs. opinion and free speech?

I am in conflict with the head administrator of a small private school my two children attend. Long story short... I really feel the need to send an e-mail to her and the other parents (about 20 people) pointing out a number of situations where this administrator has done things like: inconsistent of word and deed, misrepresenting situations that puts her in a better light than the facts would, being autocratic, lies, and generally incompetent. I feel that the rest of the parents really need to know some of this stuff. If I stated this as my opinion, does this even get close to the definition of ''libel''? I read the definition on your site, which requires statements to be false to qualify. Of course, ''I believe'' all of these accusations are accurate and I have my examples in order. However, to be honest, one could argue some of this stuff is subjective. Bottom line, where do personal observations and conclusions cross the line of libel?


Asked on 1/31/05, 2:48 pm

1 Answer from Attorneys
David Colt Colt Law Firm, P.C.

Re: Libel vs. opinion and free speech?

Your question is a very tough question, but I will respond with some things that I do know...

Libel and slander require false accusations or allegations made to a third party. While truth is a defense, merely adding words such as "in my opinion..." or "I believe ..." is insufficient to insulate oneself from charges or libel or slander if the statements are presented as if they are the truth.

My advice is to be real careful. Even if a statement is the truth, the other person if offended enough could force litigation defense that could bankrupt the average person even if the teller of the statement is only telling the truth. As you stated, the information can be argued to be subjective, which should cause concern for potential liability if it is stated to another as truth.

I hope the information provided at least gives you some help. Be very careful. Without fact specific information, I can't give you guidance of what can legally be done or not. I think that you are probably taking the right steps, however, by researching libel and slander before you act.

David Colt

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Answered on 2/01/05, 7:10 pm


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