In addition to the safeguards and privileges that the courts have established throughout the years to balance the right of individuals to be free from defamatory statements against the rights guaranteed by the First Amendment, the Florida Legislature has also provided certain requirements plaintiffs must meet in order to bring a defamation suit against a […]
Partners Blog
Injunctive Relief in Florida
Although injunctive relief is the most effective tool for removing defamatory statements and preventing future defamatory statements, Florida case law prohibits the use of an injunction in defamation cases. This prohibition dates back to Reyes v. Middleton, 17 So. 937 (Fla. 1895), where the Florida Supreme Court held that in the absence of some other […]
Defamation and The Internet
Online defamation is simply the publication of defamatory statements on the Internet, including blogs, forums, websites, and social networking websites. However, unlike traditional media outlets that can be held liable for publishing defamatory statements, because of the Communications Decency Act of 1996 (“CDA”) and the cases interpreting it, online publishers and distributors cannot be held […]
How Negative Posts Appear Online
Negative comments online can take various forms and can be distributed in a variety of ways, including social networking sites, gripe sites, complaint boards, blogs, and rating system sites. In early to mid-2000 a proliferation of “gripe sites” began to appear. A gripe site is simply a website with the name of the business with […]