Journalists and opinion columnists are frequently portrayed as embodiments of Schadenfreude. It seems that every day, we’re depicted as spiteful beings who revel in the misfortunes of others. There is a perception that we are unsavory characters who smirk at someone’s misfortune or delight in the thought of them tumbling in mud. Perhaps.

But are we libel for our words?

One disgruntled commenter chimed, “… Some of your claims are indeed libelous. And your whole intentions governing the creation of your blog are malicious.” In another note they sputtered, “You’re very close to a report to the police for threats to my friend and to me for libel and calls to possible violence.”

My response to them is, “Would you like their number dear?” I, Anne Slanders, take great care sorting through facts to arrive at my opinion. All assertions undergo rigorous review; backed up by examples to arrive at reasonable conclusions.

Defending against a claim of libel would merely involve several common potential strategies and defenses:

  • Truth: If the statement in question is true, this would be a strong defense against libel. Anne Slanders doesn’t need to prove the statements are entirely true, just substantially true.
  • Opinion: Statements that are clearly opinions, not presented as facts, are protected since opinions cannot be proven true or false.

Opinion as a Defense to Libel and Slander:

The legal framework surrounding free speech robustly safeguards the expression of opinions. The Supreme Court has consistently upheld the First Amendment’s guarantee of free speech, which encompasses individual opinions.

As Anne Slanders, I am confident in our defense, as long as ‘a reasonable person’ could recognize that what might be considered defamatory statements are, in reality, simply expressions of opinion.

Again, the law states ‘a reasonable person’. Possibly this is the epicenter of this individual’s personal failure in comprehension; for if they were equipped with the faculty of reason, sound judgement and the practicality of expectations in their own actions, they would have swayed from irrationally threatening the life of a Conservative talk show host.

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4 responses to “Beware the Libelous Schadenfreude”

  1. Your usage of convicted as what you are stating as fact is categorically, legally and completely false and libelous. If you choose to keep convicted in your blog, you are in fact commiting de facto and de jure libel because your facts are incorrect. I’ll give you an opportunity to correct it.

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    1. Chippy,

      “If you choose to keep convicted in your blog, you are in fact commiting de facto and de jure libel because your facts are incorrect.”

      Commiting? Oh dear. This doesn’t bode well for that claim that “you were smarter than your 2nd grade teacher”; unless of course, it was your Mom.

      Hahaha

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    2. chipwichchips Avatar
      chipwichchips

      It bodes just fine, Anne. I suppose it’s about the same lack of proofreading as you sending me a comment as “T.E. Snyder” with your beautiful Tom picture while looking like you are, indeed, Anne. You’ve got to be kidding me.

      Like

    3. Anne-Slanders Avatar
      Anne-Slanders

      Oh dear – you seem to be sadly confused. Replies will clearly indicate who the respondent is.

      Like

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