Questions Answered by Lee E. Berlik

Q: I was asked to take down my review because it was libelous, but I only spoke the truth to warn others, what should I do?

1 Answer | Asked in Libel & Slander for Virginia on
Answered on Apr 24, 2018
Lee E. Berlik's answer
You can find a quick summary of Virginia defamation law at You'll see that falsity is a required element of any defamation claim. This means that if, as you say, everything you wrote was 100% true, it is not "libelous" and you should be fine. In response to the second part of your question, you should assume that if there is a court case, the plaintiff will probably be able to prove...

Q: My ex-girlfriend is posting horrible false stories about me on social media.

1 Answer | Asked in Libel & Slander for Virginia on
Answered on Feb 5, 2018
Lee E. Berlik's answer
If you have a valid libel case, then yes, you can still sue her regardless of whether Facebook takes the posts down. The only effect Facebook's actions would have on your libel claim is that your damages (i.e., the harm caused by the defamatory posts) would be reduced due to the shorter time the public was exposed to the statements. To get a general idea of whether you have a valid libel case against her, see this blog post I wrote a few years ago:...

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