FIRST AMENDMENT

In our First Amendment practice, we primarily handle the prosecution and defense of defamation claims on behalf of both individuals and businesses. Generally speaking, defamation claims involve false statements of fact about an individual or entity that harm the reputation and are printed, broadcast, spoken or otherwise communicated to others.

Not all objectionable statements amount to defamation. The statement at issue must be a false statement of fact. Thus, statements that amount to name-calling, hyperbole or opinion generally cannot be the proper subjects of a defamation claim. In addition, some statements, though defamatory, may be protected by privilege, which means that in certain circumstances the interest in communicating a statement outweighs the interest in protecting reputation. Statements made by certain public officials during the performance of their official duties, for example, may be considered privileged.

In our First Amendment practice, we routinely provide legal counsel to individuals and businesses – in connection with prosecuting and defending defamation and related business disparagement claims – in both state and federal court. Whether the actionable statements were published in the press, in the workplace, on the internet or in some other medium, we provide sound advice and protect our clients’ rights.