December 6, 2018 |
We made TODAY'S front page of the New York Law Journal!
Read about the case below:
CONGRESS CANDIDATE'S COMPLAINT FAILS TO SPECIFY SLANDEROUS OR LIBEL WORDS. CASE DISMISSED!
Islam, Khan and Tayef Ahmen moved to dismiss Mizanur Choudhury's complaint against them for defamation for statements allegedly made online and allegedly defamatory conduct at his campaign events. The court found Mizanur's run for Congress put him in the public eye and concerned a public figure; he claimed Islam, Khan, and Tayef were allegedly involved in running a Facebook page called "No Fraudsters in Congress" claiming they followed his public Facebook page through theirs and reviewed his newspaper clippings, events and posts shared on the page, and comments supporters left. The court noted Mizanur's summons and complaint failed to specify the exact slanderous or libelous words defendants allegedly wrote on the Facebook page, ruling without same it was unable to analyze if those statements were malicious. It also noted Mizanur alleged Khan stated, "Isn't his car silver? I think someone hit his car," at Mizanur's campaign event, but did not find such statement, on its face, libelous, slanderous or showing actual malice, granting Islam, Khan and Tayef dismissal of Mizanur's complaint.
Q: What is libel?
A: Libel is "a published false statement that is damaging to a person's reputation" or "a written defamation".
Q: What is slander?
A: Slander is "the action or crime of making a false spoken statement damaging to a person's reputation".
Q: When can you sue for libel and/or slander?
A: If a plaintiff can identify specific false statements, phrases, or words published or spoken by a defendant, then they can justifiably sue for slander. An individual cannot sue for slander simply because published or spoken statements have harmed their reputation if the statements are true.
Q: Is all false information considered libel and/or slander?
A: While a statement may be inaccurate, it may not be considered libel or slander if it does not show malice or intent to false defame somebody's reputation.