Legal Question in Constitutional Law in California

FB posted a question about me questioning my sexual preference. This has been very insulting and embarrassing. My daughter have asked if I'm gay after reading it on facebook.

Asked on 5/02/11, 11:49 am

3 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

First off, the constitution is about government action, not FB. Second, FB doesn't post questions. People post questions on FB. Lastly, you have not asked us any question. So you are wasting our time.

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Answered on 5/02/11, 11:54 am

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You could answer her, "So what if I am gay?" Or, "Yes, I am gay." Or, "So far in my life I have never felt attracted to someone of the same sex, but you never know, the right man (or woman) may yet come along."

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Answered on 5/02/11, 11:56 am
Robert F. Cohen Law Office of Robert F. Cohen

I apologize for Mr. McCormick's curt response. This is not a waste of time. You're trying to find out legal solutions to a problem that you're experiencing.

If someone is suggesting something about your sexual preference, you might attempt to have Facebook remove it . . . although that probably is very difficult to accomplish. Depending on how it is written, it might be defamatory if untrue. If it is mere opinion, though, it might not be defamatory. It's a very murky area. I agree with Mr. Stone that perhaps this is a good time to develop a healthier dialogue with your daughter, although the phraseology must be within your own comfort zone, and not necessary those phrases that he suggests -- which certainly is not a legal opinion!

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Answered on 5/02/11, 12:27 pm

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