Legal Question in Constitutional Law in Virginia

Libel

Can someone be prosecuted for writing libel in their online blog. A blog by definition is something to be advertised and read (and in many cases is widely popular). For example, if someone is posting clearly wrong statements, which are also racist, about a presidential candidate on a political blog in my area. The statements are proven to be wrong, so one part of the case is complete. As for whether or not they are meant to do damage: spreading lies about a candidate can take away voters from him/her, the biggest damage that can be done during a campaign. Can this person be sued for libel. The way I see it, this blog is distributing information (to a fair number of people) that goes beyond political opinion, is clearly wrong, and is clearly meant to do damage.

Thank you.


Asked on 10/25/08, 7:27 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Libel

No, no case for defamation here (in my opinion) for what is clearly a political context in which as far as permissible personal attacks on political candidates are concerned, almost anything goes.

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Answered on 10/26/08, 12:00 am


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