Legal Question in Civil Litigation in New Jersey
How to Remove Internet Posting?
Neighbor sends email to police stating '' My neighbors, the X's, have had strange people staying at their house for the past two weeks. Can you look into it''. Neighbor posts this email on the community website. The ''strange people'' were X's cousins from overseas who were staying there. The email posting was indexed by google for every who searches them to see.The X's want the email removed. How should they go about it? What if the poster refuses?
2 Answers from Attorneys
Re: How to Remove Internet Posting?
I would need more info, but from your posting, it seems that they are posting an opinion, not a false statement that purports to be a fact. Thus, I cannot see how what they are saying is not protected by the First Amendment?
Re: How to Remove Internet Posting?
It amazes me that some people who have read the case of Peter Zenger in middle school think that they have become intellectual property lawyers and believe that they can say anything about anyone so long as it is true. Truth is an absolute defense to libel. It is no defense at all to other causes of action.
That said, your remedies all depend on what the insult is worth to you. If the poster will not remove the remark, you have your legal remedies. However, this is not the kind of case that most lawyers would handle on a contingent fee basis. So, if you need to litigate, you will have to face the fact that it will not be cheap.
My firm handles matters of this type. If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
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