Thursday, January 16, 2014



 My original response was to sue her for defamation of character but then I realized I had no character."

Charles Barkley

 Defamation

        Defamation is easier to do with email than through other mediums. If you quote someone from an email but only with select certain portions that change the meaning of what is said or distort the content, it can be a strong case for defamation. If you do not put the quote into context, and it besmirches their reputation, that can also be considered defamation. If someone does it to you, there are many potential avenues of attack and several ways it is actionable in court. Still, if you are worried about email privacy, put a disclaimer in your footer indicating that the email is considered private and is not for publication. It really is not necessary for the most part but is never a bad idea.

If an email is forwarded and part of it is changed or left out with a negative result or changed meaning, it is defamation.

Example:
The governor and his party proposed a very popular bill for cutting taxes, one of his campaign promises. When the document was sent to the legislature, the opposing party added a significant amount of partisan riders that would cut popular programs. Upon reading the measure, the governor commented. “The legislature has passed the bill. In its current form, I have decided to veto it and send it back, even though it was a campaign promise. When the bill is restored to its original form, I will gladly sign it.” 

If the last sentence is removed, it will change the entire context of the quote.

The governor and his party proposed a very popular bill for cutting taxes, one of his campaign promises. When the document was sent to the legislature, the opposing party added a significant amount of partisan riders that would cut popular programs. Upon reading the measure, the governor commented. “The legislature has passed the bill. In its current form, I have decided to veto it and send it back, even though it was a campaign promise". 

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