frolicndetour t1_j6n8rzd wrote on January 31, 2023 at 3:16 PM

Reply to comment by YouAreADadJoke in Appraiser Countersues Black Plaintiffs Who Alleged Discrimination by YouAreADadJoke

I've been a lawyer for 20 years and regardless of what the pleadings say, there is absolute privilege against defamation in court proceedings.

https://www.law.cornell.edu/wex/absolute_privilege#:~:text=Absolute%20privilege%2C%20in%20defamation%20cases,and%20is%20a%20complete%20defense.

KingBooRadley t1_j6nh5i6 wrote on January 31, 2023 at 4:10 PM

As we learned in law school, never ask a question you don't know the answer to. Thanks for this bold reminder.

YouAreADadJoke OP t1_j6nnnvr wrote on January 31, 2023 at 4:50 PM

This is from the article:

"Consequently, Lanham argues that Connolly and Mott knowingly engaged in a media campaign to spread false and defamatory statements about him and failed to disclose material facts that would have cast doubt on their accusations. Lanham argues they did so with actual malice—that is, with “knowledge of their falsity or reckless disregard for the truth or falsity of those statements.”"

frolicndetour t1_j6nuft9 wrote on January 31, 2023 at 5:32 PM

Fair, statements to the media would not be protected, although I'd have to read the articles. I've read some and the majority seem to be quoting the complaint, which would still be covered by the court protection. They also included the opinions of the homeowners; opinions are not defamation. Calling someone racist is generally held to be an opinion. If they made a statement of fact in the media that is false, then the counterclaim may have legs.