Defamatory online posts revisited by Texas court

Attorneys News

They say nothing on the Internet ever really goes away, but the Texas Supreme Court is considering whether defamatory postings might be worth the effort to try.

Justices on the state's highest civil court on Thursday weighed broader questions about cyberbullying, hate speech and the First Amendment while hearing a case with far lower stakes. At issue is whether a company can be forced to remove from its website damaging personal comments about a fired Austin businessman.

Lower courts already have ruled that Robert Kinney's former company, Los Angeles-based BCG Attorney Search, can't be forced to remove the comments, even if a judge or jury eventually finds it defamed Kinney on the company's website by accusing him of running a kickback scheme. That's because defamatory speech still has protections under the law.

But Kinney's attorneys told the nine-member court that it's time for Texas law to catch up with technology.

"It was a little harder to defame someone before the Internet. Now, on my cellphone, I can walk out of here and in five minutes I can say something defamatory about somebody and hit a button, and it's there worldwide," said Martin Siegel, Kinney's attorney. "And it's potentially there for perpetuity."

Anthony Ricciardelli, an attorney for BCG, said forcing the comments to be removed would "set a dangerous precedent that will have a chilling effect on speech and may lead to a slippery slope."

The court isn't expected to make a ruling for several months.

Justices asked both sides to consider more divisive cases involving cyberbullying or hate speech _ whether a court should be able to issue orders to stop online antagonists from harassing others, for instance, even if no defamation was present.

Related listings

  • Court-martial date set in Naval Academy case

    Court-martial date set in Naval Academy case

    Attorneys News 11/04/2013

    A court-martial has been scheduled for February for a U.S. Naval Academy student accused of aggravated sexual assault. Midshipman Josh Tate appeared at an arraignment Monday at the Washington Navy Yard. The court-martial is scheduled to begin Feb. 10...

  • The Law Offices of Craig Hubble - Carson Employment Law

    The Law Offices of Craig Hubble - Carson Employment Law

    Attorneys News 09/25/2013

    Carson Employment litigation attorney can assist you in determining the best solution in order for clients to seek recovery in the most efficient and effective manner. Employment litigation can come in various forms, including claims for wrongful ter...

  • Court stays out of Planned Parenthood funding case

    Court stays out of Planned Parenthood funding case

    Attorneys News 05/31/2013

    Indiana will likely stop defending a law that stripped Medicaid funds from Planned Parenthood after the Supreme Court declined to hear the case Tuesday, an attorney who represents the nation's largest abortion provider said. Indiana is among more tha...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

Business News

New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read