Legal Question in Constitutional Law in Minnesota

Re: Is this Libel?

I suppose this could be considered libel, but the arguments that it is strike me as rather weak.

For one thing, it sounds like somebody reading your ad would not be able to tell precisely whom it is talking about. Nolan isn't a very common name, but unless the reader already has an idea who you have in mind your message won't damage Nolan's reputation -- which is the essence of a libel claim.

Additionally, only statements of fact can qualify as libel. Mere statements of opinion cannot, and I think almost everybody reading a statement like yours would recognize it as an opinion. I know I have never heard the term "psycho" used as anything but an opinion, and I think most readers will have had similar experience.

The word "psycho", though, is only part of your message; believe it or not, "beware of Nolan" is more likely to get you into trouble. This statement implies that you have information that Nolan actually is a threat to people and thus contains a factual component. Readers who can tell which person you're talking about might reasonably infer from this ad that he has proven to be dangerous.

But another necessary element of libel is falsity. If what you say is true it cannot qualify as libel no matter how bad it makes Nolan look or how many people can identify him. Whether telling people to beware of him is factually accurate will depend upon whether you can show that he is a threat, and that will depend upon exactly what he has done and what evidence is presented., But if he does decide to sue this is the part of the message you need to worry about.

Just removing the word "psycho" thus won't have much effect on the strength of his case, but it still might be a good idea since the word is provocative and since removing a provocation is often a good way to reduce a threat.

Removing the ad entirely is even more likely to prevent a lawsuit, but there are no guarantees. Another advantage to removing the had is that it will prevent his damages from growing over time; I presume he has not been harmed much just yet and commonsense may prevent him from spending a lot of money to sue you, but if you're ad remains and becomes more widely known suing you will become a more sensible option.

The biggest factor, though, maybe how many people see your ad. If it is some place obscure where only a few people will find it his case will be quite weak, but if your entire community has seen at his case will be much stronger.

Re: Is this Libel?

I suppose this could be considered libel, but the arguments that it is strike me as rather weak.

For one thing, it sounds like somebody reading your ad would not be able to tell precisely whom it is talking about. Nolan isn't a very common name, but unless the reader already has an idea who you have in mind your message won't damage Nolan's reputation -- which is the essence of a libel claim.

Additionally, only statements of fact can qualify as libel. Mere statements of opinion cannot, and I think almost everybody reading a statement like yours would recognize it as an opinion. I know I have never heard the term "psycho" used as anything but an opinion, and I think most readers will have had similar experience.

The word "psycho", though, is only part of your message; believe it or not, "beware of Nolan" is more likely to get you into trouble. This statement implies that you have information that Nolan actually is a threat to people and thus contains a factual component. Readers who can tell which person you're talking about might reasonably infer from this ad that he has proven to be dangerous.

But another necessary element of libel is falsity. If what you say is true it cannot qualify as libel no matter how bad it makes Nolan look or how many people can identify him. Whether telling people to beware of him is factually accurate will depend upon whether you can show that he is a threat, and that will depend upon exactly what he has done and what evidence is presented., But if he does decide to sue this is the part of the message you need to worry about.

Just removing the word "psycho" thus won't have much effect on the strength of his case, but it still might be a good idea since the word is provocative and since removing a provocation is often a good way to reduce a threat.

Removing the ad entirely is even more likely to prevent a lawsuit, but there are no guarantees. Another advantage to removing the had is that it will prevent his damages from growing over time; I presume he has not been harmed much just yet and commonsense may prevent him from spending a lot of money to sue you, but if you're ad remains and becomes more widely known suing you will become a more sensible option.

The biggest factor, though, maybe how many people see your ad. If it is some place obscure where only a few people will find it his case will be quite weak, but if your entire community has seen it his case will be much stronger.