Legal Question in Technology Law in Maine

Re: Freedom of Speech on Website

Defamation or trade libel must involve statements of fact. If your friend's statements truly are pure expressions of opinion then she should be safe. However, what people consider statements of opinion often contain factual elements or rely on factual assumptions which the reader will understand. Such statements can be defamatory.

Without knowing what the statements were, I can't offer any guidance more specific than this.

Re: Freedom of Speech on Website

As a California attorney, I can only give you an opinion based upon California law, but the most basic legal principles for libel and slander do not vary greatly from state to state.

First, truth is always a defense to a charge of defamation.....however, truth may not be a defense to a suit based upon malicious disclosure of private facts.

Second, it is sometimes but not always a defense to give an opinion as to a fact where it turns out the "fact" was untrue but you gave your "true opinion." Whether labeling a possibly defamatory statement as your opinion is a good defense depends upon several factors as to how your opinion was formed, the public value of publicizing your opinion, the possible harm caused, and several other criteria.

Finally, whether the publication is potentially trade libel or personal libel is not clear. The classification could depend upon the wording of the statements.

My best professional guess is that the case is not a "piece of cake" for the prospective plaintiff, but that if the statements are untrue and the plaintiff can prove harm, she would eventually win in court.