Legal Question in Civil Rights Law in New York

Re: Slander/Identity Theft

This really depends on what the email says or depicts. In addition the way it is depicted, as fact or opinion, is important.

But it was apparently taken seriously, as a factual allegation. If it accuses you of a crime

or has caused you special damages ( lost earnings or business) you have a chance but I need to know who sent it and what the background is.

Also has it been re-published by the organization?

Are they "blackmailing" you with with it?

You might also have a cause of action for disparagement of your business.

You need to definitely determine who wrote it, get a copy, and if you continue being stonewalled, you have to retain an attorney to obtain copies, and

then perhaps an injuction.

There is only a 1 year statute of limitations for libel and slander; don't wait too long.

Re: Slander/Identity Theft

If you are being falsely depicted as a child pornographer, you definitely have a case however a few of things to keep in mind: First, you are definitely going to need to know (not just suspect, but know) who spread the defamatory information because if you are wrong, and accuse someone else falsely of smearing you as a child pornographer, you yourself could be liable for defamation. Second, if you start a lawsuit, you are essentially bringing the information into a public forum (state court) and the information will be publicized beyond the level it is at today. Third, the Defendant in a defamation lawsuit will have a right to defend themselves which could have the effect of smearing your name beyond the damages sustained today. In other words, you may have a case but be very sure it's a path you want to pursue.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.