Kansas City, MO asked in Libel & Slander for Missouri

Q: Libel question regarding the comments section of a local/regional online forum for neighborhood residents.

I recently commented on a forum post. The situation I commented on was odd and many people questioned it, including me. My comment was a bit disrespectful, another poster gave more information, which led me to apologizing publicly & going on to support the poster. In this process, a woman poster, who had attacked me once before in the forum, posted statements about my mental state, accused me of blaming others for my 'problems', and other derogatory statements. These were statements, not prefaced by "I think..." or "It seems to me..." to qualify the statements as opinion. They were presented as fact ("You are..."). I have blocked the person, but no longer interact on the forum, as I don't want to be publicly attacked again. I have a business, but it's an international client base (book editor), so she cannot harm my professional life. I wonder if I should consider asking for a stern letter from an attorney advising her of the potential for libel? Thanks.

Related Topics:
1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: Based on the information you shared, I don't think you'd have a viable case for defamation for two reasons. First, you haven't articulated any objectively false statement she made about you. Second, you haven't articulated any damages that you suffered. Hurt feeling are not enough. Whether to hire an attorney to send a stern letter is your choice. A good letter might cause her to stop posting about you or it might set her off.

Here's the leading Missouri Supreme Court case on defamation. Enjoy the read. https://scholar.google.com/scholar_case?case=18144203630447282264&q=defamation&hl=en&as_sdt=4,26

Ronald J. Eisenberg

Schultz & Associates LLP

640 Cepi Drive, Suite A

Chesterfield, MO 63005

www.sl-lawyers.com

Direct: (636) 733-6647

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.