So, if a blog is about a person’s experience, is it defamation of character? If the person has had restraining orders and been to court for such behavior, is it ruining that person’s character? Or is it ruining the actual character the said person has created for themselves?
As a blogger am I not allowed my opinion on what I experienced in my life? I think I am and if I don’t use the name of my abuser and I don’t use my married name or children’s name, am I not keeping the identity from the world as anonymous as possible? One could draw the conclusion that I am talking about a certain person but I have more than one ex relationship in my life.
Right now it appears that case law supports my First Amendment Rights and injunctions on bloggers are seen as too broad.
Libel occurs when a false and defamatory statement about an identifiable person is published to a third party, causing injury to the subject’s reputation.
So, I have to take a look at the following on my blog:
- defamatory nature of the communication, (I use no names)
- how it was published, (blog with no real case law yet in place)
- the truth or falsity of the claims, (Have many things in place to prove truth)
- whether it is “of and concerning” an individual, (no individual is named nor do I elude to who)
- reputational harm caused and (I think it will be a long time and hard to prove if this person’s reputation was harmed by my blog)
What I worry about even more is do we want our government regulating our blogs? Where do my First Amendment rights begin? When is it okay for the Court to intervene on my free speech?
I was an abused wife. I kept it secret for many years and I walked away from counselors who told me I was abused and needed to leave so am I supposed to be controlled and abused again because bringing my experience to light to help other people might be injurious to his reputation? Wasn’t the abuser responsible for their own actions and possible reputation of those actions? I could have arrested the person, which would have ruined his reputation but I didn’t…would I have been sued then? Should that person not have thought of that when they were inflicting their pain with fists and words? Because I know, for myself anyway, certain things will stop me from losing my cool because I don’t want to be that person…the one that loses their cool. I keep things in check. I walk out, or away. I clear my head. I don’t punch walls, people or use verbal insults to gain control over my life. So I guess what I am saying is where is the abuser’s responsibility in this? Or does he get to not take responsibility again?
As far as I’m concerned, the Court and his attorney have no right to put their foot on the throat of my First Amendment rights. I think we all need to ask ourselves if we want government controlling our blogs and free speech through our blogs.