food for thought
 

It's a debate about free speech protected by the First Amendment, versus a business owner's right to defend his or her reputation. This case involving an Orlando doctor might cause you to think twice before you post comments online.

Dr. Armando Soto of Orlando tells FOX 35 that he filed a lawsuit to defend his personal reputation and his business. The suit surrounds a patient who posted critical comments about a breast surgery on the site Find a doctor - Doctor reviews and ratings | RateMDs.com.



Read more: Orlando doctor sues patient for critical comments online - FOX 35 News Orlando

I'd imagine the lawsuit filed by Dr. Soto to defend his reputation may backfire. What do you think?

:agree:

The last paragraph of the article:

"Tuesday afternoon, Dr. Soto told FOX 35 News he has contacted the patient who was critical of his services. They have been talking over the last few days, trying to make that patient more satisfied. Dr. Soto says the lawsuit against the woman could soon be dropped."

Bill :)

Well, I guess the various social networks don't give the right to be slanderous or libelous. Here's the rule of thumb. No matter what you say, make sure it's true, and that you can prove it's true. Do that and you have no worries.

There are Federal laws in place to protect the forum owner from any liability for what others say.

All these slander defamation cases are very difficult to prove, truth trumps slander.

You really should accurately state the facts if you're complaining about someone.

Oh and don't think they can find out who you are because you use an alias.

And to further protect yourself, after telling the truth, add "I think", or "it is my opinion".

Not going to get you off the hook, it would be upto the Courts interpretation.

The fact that you say something is your opinion or your thoughts.

Just be 100% truthful and be able to backit up if the facts warrant it.

The reporter (and his editor) doesn't understand the Constitution obviously. The first amendment to the Constitution, which is repeated as follows, does not restrict speech between individuals. It prevents the federal government from restricting your speech.

First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

The doctor's lawsuit is probably for defamation (including libel or slander) which is not protected by the First Amendment.

Lawsuit
 

The Doctor has Dropped the lawsuit as of Wednesday 20-June-2012.

.........................per the Orlando Sentinal on 21-June-2012........ Page A-12........

The suit was for defamation

The Osceola County Florida School teacher (and her family). who wrote the comments ...
............................now says......

" I now regret the problems this has caused. With the benefit of hindsight, I do not believe Dr.Soto is a bad surgeon. On the contrary, he did his best to help me with a challenging problem"

Domingo Rivera is Dr. Soto's attorney.

A link:

Online defamation lawsuit Orlando: Orlando doctor drops online defamation lawsuit - Orlando Sentinel

Lengthy article - extends beyond the opening couple of paragraphs (below the Ads by Google).

Bill :)