Legal Question in Civil Litigation in New York

Re: Slander

If the subject is easily identifiable, the author as well as the puiblisher could be facing a defamation suit should it choose to publish the material as you describe it. While the author and publisher would likely have a 1st amendment right to publish, that would not prevent a person, so slandered, from suing for damages post-publication.

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Re: Slander

Many people have the same name. Using a name in a work of fiction would not necessarily be improper although under certain circumstances it could be. However, referring to someone who can be specifically identified and untruthfully accusing that person of a crime is libel and you can bring a lawsuit to obtain compensation and punish the author for making false statements. Our law firm handles these types of cases. If you would like us to review the circumstances of your potential case, you can call us at (212) 267-7000 to arrange for an appointment.