Q: Can I contact people walking into a business to inform them about the business’ practices? Protest without defaming.
I want to protest a business and just want to make sure I can inform the potential clients about the business’ practices.
I just want to make sure I don’t commit decimation or libel.
Will they be able to pursue me for either if what I am telling people is based in fact?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Colorado
- View Profile
- Answered
A:
You need to be very careful doing this. Just because your feel the statements you are making are true does not mean you cannot get sued.
In the US we have freedom of speech. That being said, that freedom is limited to an extent. If you publish false statements damaging the business's reputation, you could be liable for defamation. But the key is that the statements need to be false.
While the duty to prove defamation would be on the business bringing the suit, you need to be able to defend your position. Regardless, you may be subjected to costly litigation and still lose your case. It comes down to what a jury or judge would believe in the situation.
I would reach out to an attorney to talk about the situation prior to arranging any protests.
Please be aware, any answer is based on the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney. Larranaga Law offers free case evaluation. Please note that representation is not guaranteed.
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.
