Legal Question in Civil Litigation in New Jersey

Can Selling a Letter on EBay Be Considered Libelous?
Among the personal effects my ex-husband couldn't be bothered to take when he left 5 years ago was a letter dated in the 1960s, written by a psychiatrist who was paid to help get him discharged from military service during the Vietnam war. It states unequivocally that he is homosexual and has psychotic tendencies, plus a few other choice diagnoses. Though we've been divorced for a few years and I've remarried, compelling reasons exist for me to want list this incriminating letter for sale on eBay (and it has nothing to do with trying to make a quick buck). My question is simple: since this was provided to the military as a true representation, could this constitute libel if it is aired on a medium such as eBay?

Asked on 3/25/05, 2:02 am

John Corbett Corbett Law Firm LLC

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Re: Can Selling a Letter on EBay Be Considered Libelous?

Yes, it could be libel. The only sure defense againt libel is truth. That said, the proof of truth is still an issue.

Even the offer of the sale of a private letter in a public forum would raise issues of vindictive intent. Don't do it.

Answered on 4/05/05, 11:14 pm

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