Legal Question in Technology Law in Missouri

Emailing

Can you get in any kind of legal trouble when sending an email that may have somewhat derogative statements but with no kind of threat whatsoever? This would be more ''name calling'' than anything else. I appreciate any advice. Thank you.


Asked on 11/20/07, 5:21 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Emailing

That would depend in large part on who the email was sent to, whether the allegations were truthful, and whether the statements expressed opinion versus facts.

For example, if you send an email to your friend that says X "is a liar and a cheat." you are expressing a statement of fact. If X is in fact a liar and a cheat, there is no defamation. However, if X is not (and no one ever agrees they are), then X has a cause of action for defamation but you have a defense in fact.

On the other hand, if you say that in your opinion X is a cheat, that's an expression of opinion that is protected by the First Amendment.

On the other hand if you sent a letter to the white house calling the president names and suggesting that something should happen to him, that would violate federal law even if it was not intended to be anything other than a statement of your beliefs.

As a general rule if you get really upset with someone you should write emails expressing yoru feelings and then hold them for 24 hours. Then read them and see if you still want to send them.

I have regretted many an email sent in the heat of anger.

If you believe you crossed a line with your email remarks I would urge you to immediately apologize.

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Answered on 11/20/07, 5:28 pm


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