Legal Question in Civil Litigation in New Jersey

Re: Libel

Your question is very broad. Let me give you the basics.

First, to win a defamation suit, you have to show that something untrue was written or said about you. The statement must be "published" in the sense of being made public. Private comments are not actionable defamation no matter what was said. Opinion is not actionable defamation ever provided that it is expressed as an opinion. In the case of an oral statement, you must show that you were actually damaged by the statement or that it fits within certain limited categories.

There is a different standard for public figures. In the case of public figures, it must also be shown that the statement was made with actal malice. "Actual malice" means with knowledge that it was false or with reckless disregard for whether it was false or not. Public figures are not limited to public officials and a person can be a public figure for limited purposes. Arguably, you are a public figure for the limited purposes of comment on your performance or capabilities as a member of the not-for-profit board.

Where public issues are involved, the courts are heavily biased against finding defamation. The policy is that there is a public interest in robust debate about public issues and that this interest is protected under the First Amendment of the U.S. Constitution.

Don't try one of these suits yourself. It would be like performing brain surgery on yourself and would probably have the same result. First, it is a highly technical field. Second, defense counsel will cut you to shreds in cross-examination and that would defeat your purpose; it will only convince everyone that whoever made the statement is correct.

Another factor to consider is a practical one. Truth is an absolute defense to a defamation suit. That means that everything that has to do with the substance of the statement automatically becomes relevant at trial. In turn, that means that it is all subject to discovery. Do you really want to give a political enemy the ability to investigate all your affairs and look through all your records?

I like a good fight, but I mostly like to win. If you still think you have a win, let me know if I can help.