Legal Question in Consumer Law in Virginia

What is considered libel / slander?

I had an infuriating experience with a wedding planner. The photographer failed to show up at my wedding, thereby costing me thousands of extra dollars to find another photographer on the spot. The company failed to compensate me for these damages - their liability was capped at the face value of the contract. One way I can secure a modicum of justice is to notify others of my horror story so hopefully they will not suffer the same fate.

The firm holds open houses in the area periodically. I wish to attend the next one and place fliers on the windshields of attendees. The flier would state the facts of my experience and the opinion that I would never do business with this company again.

Would the company have reasonable cause to file a libel/slander lawsuit against me? I believe it's my first amendment right to freedom of speech, but I'm no expert. Are there any principles or types of statements I should avoid in this flier?

Thanks.


Asked on 2/02/04, 10:09 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: What is considered libel / slander?

The fliers you distribute should stick to a strict recitation of the facts (as you understand them)which apply to your case---and only your case. Ad hominem attacks on indivduals should be avoided. These informational assists(I'm referring to the fliers, of course,) should only be distributed in areas which are clearly public

and not private property. In the event that you are approached by any particular person who requests that you cease and desist from your activity in depositing your informational assist on his or her particular piece of property, you should comply immediately with the request. And, generally, you should comport yourself in a manner designed to avoid confrontations----and loud noises or other disturbances of the prevailing peace.

If you follow these guidelines, it's very unlikely that anyone will be able to call in to question your First Amendment rights of self expression in this particular situation by accusing you of some form of defamation or other

violation of the law.

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Answered on 2/03/04, 10:35 am


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