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Weaponizing Defamation: How Lawsuits Silence Free Speech
Whether you’re a blogger, podcast host, or social media influencer, you never expect to be on the defense side of a defamation lawsuit. Those involve only newsworthy public figures and mainstream media…right?
That sounds reasonable, but whenever you speak freely on social media or any online platform, you may find yourself in the crosshairs of a vindictive personality. It doesn’t matter if you do your research, speak professionally, and say or print what you believe to be the truth. Revealing someone’s secret or bad behavior can trigger a spiteful response, whether or not it’s true.
It can happen to anyone
A doctor on social media is currently making the headlines as she deals with unanticipated backlash. She simply spoke out about her interaction with a healthcare insurer. As they were already under public scrutiny, her video went viral. She has since received a cease and desist letter from a high profile law firm. This is often the first attack in a defamation conflict.
The law firm’s current demands seem simple: apologize, rescind her statements, and take down the video. What they really want to do is silence the doctor and deprive her of her right to free speech.
Some People Use Defamation Lawsuits as a Weapon
Of course, we prefer to believe that everyone uses the legal system only as intended, but it doesn’t always work out that way. Sometimes, when a deep-pocketed person or entity senses a reputational threat, they have no problem weaponizing the courts to get the concessions they want.
When someone claims libel or slander or other defamatory actions, it allows them to take a hands-off approach. They pass their “problem” along to a lawyer. The lawyer initiates a legal battle, and the client simply waits for results.
It’s a Process
Each defamation case plays out in its own way. One person might simply wait for the attention to fade, while another might skip the niceties and exercise their legal options immediately.
- Cease and Desist Letter: Their attorney sends a letter demanding that you stop talking about their client and back-track anything you said. The letter you receive may include language designed to gently threaten you or bully you into silence. If you prefer not to deal with legal complications, one letter might be enough to make you comply.
- Defamation Lawsuit: If you defy or simply ignore a C & D letter, a lawsuit is often the next step. A defamation suit names the subject of your alleged defamation as the plaintiff and you as the defendant. The pleadings may allege “everything but the kitchen sink.”
A plaintiff may claim slander, libel, negligence, copyright violation, invasion of privacy, malice, and more. They may also ask the court for a ridiculously high financial award. If you don’t file a timely response to their lawsuit, the plaintiff can seek a default judgement against you.
A Free Speech Defense Lawyer Can Preserve Your Right to Speak
Consult with a free speech lawyer as soon as someone takes steps to silence you. You’ll have an advocate fighting on your behalf to defeat unjustifiable claims before they become frivolous lawsuits. Defamation defenses may include:
- Truth: If what you said is true, it’s not defamation.
- Substantial Truth: Minor discrepancies don’t make your statements defamatory.
- Privilege: Court testimony, legislative debates, and government reports are legally protected speech.
- Opinion: When you make it clear that you’re giving an opinion and not facts, it’s not defamation.
- Anti-Slapp: Some states have Anti-SLAPP laws that protect people from Strategic Lawsuits Against Public Participation. These laws allow quick dismissals of meritless lawsuits and recovery of your legal fees. They’re an effective defense when someone files a lawsuit to silence a speaker who addresses public issues.