In Virginia, injunctions are considered an extraordinary remedy and, due to First Amendment concerns, are generally not available to enjoin a person from speaking. Known as “prior restraints,” injunctions against defamatory speech are disfavored and bear a heavy presumption against validity. The Supreme Court has written that “a free society…
As I wrote on this blog last month, if a trial judge gives the jury faulty instructions in a defamation case regarding liability issues, the parties are entitled to a new trial. Juries are there to weigh evidence and determine the facts, not decide what the law should be. Today,…
In a defamation per se case, the jury will be instructed that it may presume damages and award a monetary recovery to the plaintiff even in the absence of any evidence of specific harm caused by the defamatory statements. This goes against the general rule that juries cannot award damages…
Harassment and bullying can take place in many different forms. Sometimes the conduct is actionable in a court of law, and sometimes it isn’t. Sometimes it involves defamation of character, whereas other times the harassment takes the form of electronic stalking. Before scheduling an appointment to speak with a lawyer,…
Revenge porn is generally defined as a form of online harassment in which sexually explicit photographs or videos of another individual (usually a former partner) are either taken or shared with others without the consent of the person shown in the images. Perceived “revenge” is sometimes the motive, but not…
As a small-business owner, can you sue for defamation personally if someone makes a false and damaging statement about your business? The answer will depend to a large degree on the size of your company and the extent to which the public views you and your company as one and…
The statute of limitations for defamation actions in Virginia is one year. This means that if somebody libels you on the Internet, you have just one year from the date of the defamatory post in which to file a lawsuit. A question I get asked a lot is, “what if…
The right of privacy has been defined as the right to be left alone. After Supreme Court Justice Louis D. Brandeis co-authored an influential article in the Harvard Law Review in 1890, states across the country began to formally recognize and protect invasions of privacy rights. Invasion of privacy came…
Libel and slander are considered “torts.” The law of torts is designed to provide a remedy that will “make the plaintiff whole” to the fullest extent possible. Usually, we’re talking about money: how much money would it take to fully compensate the plaintiff for the harm caused caused to the…
Under the current statute, suits in Virginia for libel, slander, or “insulting words” can only be brought within one year from the time of publication. Earlier this month, delegate Dave Albo filed House Bill No. 1635, proposing that the Commonwealth increase the limitations period to two years, and providing further…