Freedom of speech and defamation law are sometimes in tension with each other. Freedom of speech holds that people should be free to say what they want without fear of reprisal. Defamation law holds that people can be held liable and forced to pay for harm caused by false statements about a person or business. As libel attorneys, we have written at length about the limits of libel law liability and the interplay between defamation law and the First Amendment. A recent opinion from a New York state court exemplifies the tension between these two concepts.
In Rowbotham v. Wachenfeld, the plaintiff Jim Rowbotham brought suit against Jeff Wachenfeld and Wachenfeld’s employer, West Hampton True Value hardware store. In his complaint, Rowbotham alleged that the defendant Wachenfeld posted a defamatory comment on the Facebook page of an advertising agency with whom Rowbotham was professionally affiliated. According to the complaint, the comment stated that “Jim [Rowbotham] is a crook. Worst company to do business with.” Rowbotham claims that his professional affiliation with the advertising agency was damaged as a result of Wachenfeld’s comment.
Rowbotham retained an attorney who sent a written request for the comment to be removed. Wachenfeld allegedly did remove the comment sometime in May 2017, replacing it with a five-star review though Wachenfeld denied having posted the comment in the first place. Wachenfeld claimed that anyone at the West Hampton True Value store could have left the comment as all ten computers at the store were logged into his personal Facebook account, making it available to anyone. Continue reading ›