Blogging in Ohio

I love the 1^st amendment as well as the entire Bill of Rights.  A right denied to many in the world.  Ohio Bloggers may find this useful.

We all have the right of freedom of speech under the First Amendment. We all don't have to agree with one another on our opinions.

Defamation in Ohio 101

1)      a false and defamatory statement

2)      about plaintiff

3)      published without privilege to a third person

4)      with fault

5)            per se or caused special harm

 More on a False and Defamatory Statement

◦      Is it provable?

◦      Truth is always a defense, R.C. 2739.02

◦      Substantial Truth Doctrine – Is the gist of the statement truthful?   Sweitzer v Outlet Communications, Inc. 133 Ohio App.3d 102 (1999)

◦      Opinion – not actionable

      Opinion is constitutionally protected speech      

–  Vail v Plain Dealer, 72 Ohio St.3d 279 (1995)

–  Question of law for the court, Scott v News-Herald, 25 Ohio St.3d 243 (1986)

◦      Examples of opinion

–  I think, I believe

–  Commentary

–  Editorial

 

A couple of takeaways.  The best defense is truth.  Opinion is protected speech.

What if it was not true?  Malice is required.

}  Knew statement was false

}  Or, published statement with reckless disregard as to statement’s truthfulness

◦      Requires proof that defendant entertained serious doubts about the facts – Murray v Chagrin Valley Publishing, 2014-Ohio-5442

}  Standard of Proof – clear and convincing,  Varanese v Gaul, 35 Ohio St.3d 78 (1988)

 This is not to say that following these guidelines will keep someone from suing you.  Next up:  False Light Invasion of Privacy