Legal Question in Technology Law in Kentucky
Free Speach on Web Sites
I have created a web site that educates and informs parents about Traveling Magazine Crews. I will be placing articles about the companies who run the crews and the articles list names and places. Is there a chance these companies can bring a law suit against me for slander if I have permission from the newspapers to copy and show the articles?
2 Answers from Attorneys
Re: Free Speach on Web Sites
Yes, they can bring a lawsuit against you. I think you real question is would they be likely to win if they did. Truth is a defense and most companies are loathe to file defamation suits because it draws attention to the alleged bad acts. I agree with attorney Epp that you would be taking a risk. You should consult with an attorney experienced in defamation cases before putting yourself out on a limb legally. My guess is that the magazines would not take action against you, but that depends on how strongly you criticize them and how truthful you are.
Re: Free Speach on Web Sites
Notice: This law firm does not have an attorney-client relationship with the questioner. This response should not be considered legal advice.
Yes, you could be at risk if there is defamatory material in the newspaper articles. The general rule in this situation is, according to Prosser and Keeton on Torts: 5th ed. at 799: "Every repetition of the defamation is a publication in in itself, even though the repeater states the source, or resorts to the customary newspaper evasion "it is alleged," or makes it clear that he does not himself believe in the imputation."
Also, by putting the articles on the Internet, you are also potentially putting yourself at risk in every state and their laws on defamation.
I don't mean to scare you off. You should understand the potential risks. Also, I recommend that you consult with an attorney for a more complete analysis of your concerns.
Good luck!