Whether a particular tort is deemed intentional, as opposed to merely negligent, can have far-reaching implications. Intentional torts and negligent torts are treated very differently when it comes to things like insurance coverage, sovereign immunity, and recoverable damages. Defamation is one of those torts that cannot be easily categorized, as…
Under Virginia law, rhetorical hyperbole is not defamatory. Rhetorical hyperbole refers to statements that–while they may seem at first glance to express factual assertions about a person–cannot reasonably be interpreted as stating actual facts. To prove defamation, a plaintiff needs to show falsity; rhetorical hyperbole does not literally assert facts,…
When the Virginia Citizens Defense League, a gun-rights organization, sued Katie Couric for defamation back in 2016, the two big issues from a legal perspective were (1) whether the edited video of the VCDL members conveyed a false statement of fact, and (2) if so, whether that false message carried…
The Internet is full of morons. If an Internet troll who clearly has no idea what he or she is talking about posts false statements on social media about another person, the effect on the reader is different than if the same statement had been written by an authoritative figure…
The First Amendment to the United States Constitution protects the right to express one’s opinions without fear of defamation lawsuits or other punishment. If you had a bad experience at a local restaurant, you are free to post a negative review on Yelp, Google, or some other consumer-review site and…
For an untrue statement about a person to be actionable as libel or slander, it has to be defamatory in nature. I’ve written about defamatory meaning before, but basically what this means is that the statement has to be more harmful than a mere insult; rather, it must cast a…
If a statement claimed to be defamatory is substantially true (even if partially inaccurate), Virginia courts will generally not allow offended parties to bring defamation actions based on the minor inaccuracies. If the damaging aspect of the statement–the part that tends to affect one’s reputation–is substantially true, small factual errors…
As a small-business owner, can you sue for defamation personally if someone makes a false and damaging statement about your business? The answer will depend to a large degree on the size of your company and the extent to which the public views you and your company as one and…
Hypersensitivity is not a desirable personality trait if you are a plaintiff in a defamation case. If you’re the type of person who tends to jump to conclusions about an author’s intent when reading certain statements made about you on social media, you should think twice (and consult with a…
When suing for libel or slander in Virginia, it helps if you can make out a claim for that form of defamation known as defamation per se. If the judge agrees that your claim qualifies, he or she will instruct the jury to presume general damages and authorize it to…