Legal Question in Constitutional Law in New York
First Amendment Rights
Can a person use freedom of speech as a defense to writing a verbal attack against someone elses written work? This is in reference to a site where young writers post stories. This guy goes around leaving excessively vicious and vulgar attacks on the stories and claiming that they are truthful reviews, only he never mentions anything about the story - only about the writer. He also will often times encourage these young girls to commit suicide to do the world a favor. Then he claims that the first amendment protects his right to say these things. I want to know if that is true since his use of the amendment is in direct contrast to the 'spirit' of the law. He is perverting this constitutional right and turning it into a weapon. Is that something that he can legally defend?
1 Answer from Attorneys
Re: First Amendment Rights
Opinion is defended. Factual lies are actionable.
Mike.