Free Speech vs. Online Defamation: First Amendment in FL

The saying “sticks and stones may break my bones but words will never harm me” becomes irrelevant when it comes to defamation. Words can and will hurt us despite the message our literary forefathers were attempting to drive home. In fact, words are so powerful that a single act of defamation can derail someone’s entire career. Defamation, by nature, is harming a person’s reputation through acts of slander and libel. Slander is verbal defamation, which involves making false statements about someone orally. Libel is written defamation, where false statements about an individual are published.

Internet Defamation

Internet defamation, also known as cyber slander, occurs when someone makes a false statement online that negatively impacts another person’s reputation. Technology has found its place in contemporary society and its medium has been prevalently utilized to interact with others and express oneself. Combined with the linguistic arsenal of social media, podcasts, comment sections, and blog posts, people have the world at their fingertips and can practically say anything they want about anybody. This podium, front and center amidst the World Wide Web, will inevitably lead to internet defamation.

How to Deal with Internet Defamation

If you ever found yourself on the victim side of cyber slander or cyber libel, it is important to remain calm so that you have the ability to think clearly and logically. Then, it is time to collect any evidence that supports your stance as a victim of defamation. Since we are dealing with a case of online defamation, be sure to take screenshots, save videos, provide website or social media links, and collect any other concrete information about the fraudulent offender. Once identified, it is worth it to try to settle the issue between both parties cordially so that it never sets foot in the courtroom. You can also report the defamatory statement to the appropriate platforms. If the problem persists, filing a lawsuit may be the only course of action.

To prove defamatory nature, you must be able to identify the statement as both false and harmful to your reputation, prove the emotional distress it has caused you, and tangibly show any financial loss directly correlated with the cyber slander or libel. If justice prevails, you will expectantly collect rewards in economic, emotional harm, and loss of reputation damages.

Defamation Law and Free Speech

The complications of defamation legislation fall within the very premise of the American constitution that upholds the value of speaking one’s mind freely and openly. In Florida, defamation law still recognizes and protects a person’s right to speak, including opinions, subjective public comments, and criticisms. These are referred to as pure opinions and are neutral in relation to their informational accuracy, whether they are harmful to someone’s feelings or not.

However, if a statement of opinion contains a clear inkling of falsehood and has the potential to damage a reputation, a case of defamation may be in order, but it must meet legislative criteria for exactly what defamation is.

The Concept of Freedom of Speech

While it is one thing to relish in the appeal of free speech and embrace it as a distinct part of American culture, it is entirely another to forget about the consequences of the words we speak or write, especially on the internet. Free speech online is government-oriented — as long as one does not involve the government in some way with the videos they record or the comments they post, there is broad latitude. The limits to freedom of speech are few and far between, even when it comes to instances of hate speech or insensitive and immoral comments or opinions.

There is also a distinction between what is morally acceptable and constitutionally acceptable. We must separate our perceptions of morality from the reality of the law.

Internet Defamation vs. Free Speech Online

An act of internet defamation is not protected by First Amendment rights because it is unlawful in that it violates a person’s intellectual property, makes false remarks despite fact, and causes harm, suffering, and loss. The online speech must meet all of these criteria for statements to be considered defamatory, slanderous, or libelous. However, the constitution still protects any speech over the internet, fact or fiction, as long as it is not defamatory or cause for unlawful action.

If you believe you are a victim of online defamation or need help understanding your rights under Florida law, contact Adam Ludwin at Ludwin Law Group for guidance on your legal options.