Legal Question in Civil Litigation in New York

Re: Internet Defamation of Teacher's Reputation

Opinions are not facts and do not support a defamation action.

The only way you could succeed would be if the web site was using your photo or name for profit without your permission.

Look at NY Civil Rights Law section 50 and 51.

Re: Internet Defamation of Teacher's Reputation

As long as the comments posted on the website fall under the definition of "critical review" there is nothing you can do to force the site to remove your name and comments. Defamation occurs when a publication expresses demonstrably false factual content of a verifiable nature. In other words to say that as a teacher you pick favorites is not something that is demonstrably true or false, it is a matter of opinion. To say that you alter grades to give your favorites better grades is presumably untrue and actionable.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Re: Internet Defamation of Teacher's Reputation

This is an interesting question. Your options are limited to defamation lwas (slander).

The university that employs you is a minor issue. If it is a state or city owned institution, your options are even more limited.

However, there is no privilege or right to publish statements that are known to the publisher as inaccurate.

You are welcome to contact me for a consultation for no fee.

Re: Internet Defamation of Teacher's Reputation

Dear Professor,

As it was mentioned by some of my colleagues, the touchstone of a defamation action or threat of such action is generally the degree to which the offending comment can be perceived by the public to be a fact. In other words, if the student was clearly expressing a point of view that the reader would logically see as one among many (i.e., an opinion) than he and the site are within their 1st amendment rights. For example, the student says something along the lines of �Professor X really stinks.� This is devoid of any real factual content and is likely to be construed as an opinion.

If however, the student states directly following the above comment, �and Professor X routinely takes bribes for grades, which he did in my friend�s case,� this is far more concrete and specific in nature and may be construed as a statement of fact. That �factual� statement may be targeted by the defamation laws. However, truth is always a defense, so if it can be proven that the statement is indeed accurate, the student is again within his 1st amendment rights.

So the long answer to your question is it really depends on the nature and character of the offending comment. The more you feel that the student disparaged specific aspects of your practices as a Professor, as opposed to generic comments about your style or demeanor, the more likely the defamation laws can help you.

I hope you found this useful. My firm routinely deals with defamation claims, especially on the Internet. If you would like to engage in a consultation at no cost, please feel free to contact us.

I hope that the issue is satisfactorily resolved,

Kaiser Wahab

www.wrlawfirm.com

www.bizmedialaw.com

Re: Internet Defamation of Teacher's Reputation

Opinion is not actionable.