Legal Question in Civil Litigation in New York

Letter to the Editor libel

A fellow teacher wrote a letter to the editor claiming that my position is a job once performed by an administrator and that my position should be abolished and the administrator should re-assume the position. Our district is facing lay-offs. The claim is not true. My title and the one the administrator had are different and the work I do is very different. The letter writer then made copies of the article and placed it all around the school. I feel it has caused many teachers to think of me as an administrator, which may keep them from using my services, for fear of reprisal. It is a very tense situation, with people afraid of losing their jobs. I am also worried that the community will think the school has been using creative accounting and call for my position to be cut. I feel harmed and I am very angry that this person can lie and get away with it. Do I have a case for libel?


Asked on 4/08/05, 4:40 pm

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Letter to the Editor libel

This sounds like an opinion to me. Opinions are constitutionally protected speech under the 1st amendement.

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Answered on 4/09/05, 12:57 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Letter to the Editor libel

You have the beginnings of a good case. You have

(1) false statement

(2) publication

(3) you must show you have been damaged

(4) you must shgow this statement caused the damage

So far your case is not yet 'ripe' (ready).

If you feel that you have been in any way damaged, then give me a call because posting the article all around the school as well as as a letter to the editor is not good.

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Answered on 4/08/05, 4:49 pm


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